M S R D Sons Sons v. Bank of Baroda
Case brief
What is this about?
The Tribunal quashed an order authorizing physical possession of secured assets under Section 14(1)(a) of the SARFAESI Act, 2002, pending determination of the genuineness of a deposit receipt alleged to contain a cash payment.
What did the court decide?
The order directing physical possession under Section 14(1)(a) of the SARFAESI Act, 2002 dated 15.06.2022 is quashed and set aside. Liberty granted to the Bank to file a fresh application strictly in
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
SA/445/2022
DEBTS RECOVERY TRIBUNAL, JAIPUR PRESIDING OFFICER: SH. VIVEK SAXENA
SECURITIZATION APPLICATION No.- 445/2022
M/S R D SONS
Through Proprietor Deendayal Soni S/o Shri Radheyshyam Soni R/o Near Hanuman Pustakalaya, Clock Tower, Western Market, Ratangarh, Churu, Rajasthan
………Applicant
Versus
BANK OF BARODA Through Authorized Officer, Oswallon Ka Mohalla, Rathangarh, Churu, Rajasthan
---- Respondent Bank
Counsel – Sh. Ravi Shankar & Sh. Mohit Choudhary, Ld. counsel for Applicant
Sh. R.N. Vijay & Sh. Ayush Kumar Jain, Ld. counsel for Respondent
Issues for consideration
2 issues framed by the court
Whether the order under Section 14(1)(a) of the SARFAESI Act, 2002 permitting physical possession is sustainable.
Whether the furnishing of a receipt without the remark 'Cash Received' substantiates a genuine deposit to set aside possession proceedings.
Parties & counsel
- applicant
M/S R D SONS
- respondent
BANK OF BARODA
Coram
Vivek Saxena
Case details
As recorded by the court registry
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