Dismissed

Mrs Amita Kiran Sheth v. Sbicap Trustee Company Limited

DRT18 Aug 2023SA/71/2023

Case brief

AI extract

What is this about?

The Tribunal allowed an interlocutory application permitting the withdrawal of the securitisation application due to a pending company petition under Section 94 of the Insolvency and Bankruptcy Code, 2016. Subsequently, the main securitisation application was dismissed as withdrawn.

What did the court decide?

Permission granted to withdraw the Securitisation Application with liberty to file fresh; subsequently, the application was dismissed as withdrawn.

Mrs Amita Kiran Sheth versus Sbicap Trustee Company Limited — Insolvency and Bankruptcy | DRT (2023)

¶1

IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI

¶2

(BEFORE HON’BLE PRESIDING OFFICER)

¶3

Sr. No.39

¶4

INTERLOCUTORY APPLICATION No.1817 of 2023 In SECURITISATION APPLICATION NO.71 of 2023

¶5

Mrs. Amita Kiran Sheth & Ors. … Applicants

¶6

Versus

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SBICAP Trustee Company Ltd. & … Defendants Ors.

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Mr Yohya Batatawala – Advocate for the applicants.

¶9

Ms Ashwini Vyavhare i/b Mr Ram I. Ramrakhiani – Advocate for defendant no.1.

¶10

None for other defendants.

¶11

Shri Deepak M. Thakkar Presiding Officer, 18^th August 2023.

¶12

ORDER

¶13

The applicants seek the Tribunal’s permission to withdraw the Securitisation Application in view of the company petition filed under Section 94 of the Insolvency and Bankruptcy Code, 2016. The applicants seek liberty to file fresh subject to the outcome of the petition. The secured creditor’s counsel does not object for the withdrawal.

¶14

Interlocutory Application No.1817 of 2023 is allowed with no order as to costs.

¶15

Sd/-

¶16

(Deepak M. Thakkar) Presiding Officer, DRT-2, Mumbai

¶17

Radhika

¶18

IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI

¶19

(BEFORE HON’BLE PRESIDING OFFICER)

¶20

ORDER SHEET

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18.08.2023 Sr. No.39

¶22

		SA No.71 of 2023
classifi -cation	No. of Exh.	Mrs. Amita Kiran Sheth & Ors. Vs. SBICAP Trustee Company Ltd. & Ors.
		Mr Yohya Batatawala – Advocate for the applicants. Ms Ashwini Vyavhare i/b Mr Ram I. Ramrakhiani – Advocate for defendant no.1. None for other defendants.
	13	1. The learned counsel for the applicants has presented I.A. No.1817 of 2023 supported by affidavit (exhibit- 13), which is taken on record. 2. Order in Interlocutory Application No.1817 of 2023 passed separately. 3. In view of the order passed in I.A. No.1817 of 2023,
		Securitisation Application No.71 of 2023 stands dismissed as withdrawn with no order as to costs. Sd/- Presiding Officer, DRT-2, Mumbai

¶23

Radhika

Mrs Amita Kiran Sheth v. Sbicap Trustee Company Limited

Case brief

What is this about?

What did the court decide?

Mrs Amita Kiran Sheth v. Sbicap Trustee Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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