DRT permitted Respondent Bank to take possession of Applicant's dwelling unit pending deposit of dues. Applicant was directed to pay dues within 15 days or vacate properties. A detailed order was passed regarding conditions of possession.
Respondent to take possession today; Applicant to pay Rs. 2,08,91,696.04 within 15 days, failing which to vacate.
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.
SA 93 of 2023
| 18/05/2023 | Ex. No. |
Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. Roznama in SA 93 of 2023 Mr N Gopalkrishna Rao Vs Federal Bank |
Next date |
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| Advocate Ismail Nasikwalla appeared for the Applicant & N. Gopalkrishna appeared in person. Advocate Chandresh Rao i/b Vidhi Partners appeared for the Respondent. 1. Ld. Counsel for the Applicant submits that Applicant is ready to deposit entire |
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| dues within 15 days therefore, he submits that the Respondent maybe directed not to take possession which is fixed for today. |
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| 2. Ld. Counsel for the Respondent submits that total dues as on dated are Rs. 2,08,91,696.04 (Rupees Two Crores Eight Lakhs Ninety One Thousand Six |
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| Hundred Six & Paise Four Only) | |||
therefore, he submits that the Applicant maybe directed to deposit the said amount and he also submits that the Respondent may be allowed to take possession today. |
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SA 93 of 2023
| 3. | After considering the submission of the parties and also looking to the facts that the property in question is dwelling |
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| unit of the Applicant where the | |
| Applicant is residing with his family, | |
| further the Applicant is ready to deposit dues of the Respondent Bank, therefore, |
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| in the interest of justice. It is hereby | |
directed that: |
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| i. | Respondent will take possession as per the possession notice today. |
| ii. | After taking possession, the |
| Respondent shall allow to the Applicant | |
| and his family the dues of property in | |
| question on agency basis. |
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| iii. | Applicant shall furnish and affidavit |
| cum undertaking that he will pay the | |
| entire dues Rs. 2,08,91,696.04 (Rupees | |
| Two Crores Eight Lakhs Ninety One | |
| Thousand Six Hundred Six & Paise | |
| Four Only) within 15 days from today. | |
| Failing which the Applicant shall | |
| vacant the property in question without |
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SA 93 of 2023
| any hurdle. the property without any | ||
|---|---|---|
| hassle. | ||
| iv. | The Respondent also submits that | |
| vacation of the property by the | ||
| Applicant for the said property. In case necessary Police Assistance is summons |
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| Police Station shall provide necessary | ||
| Police Assistance to the Authorised | ||
| Officer of the Respondent Bank in case required. |
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| 4. | Since the Applicant has already made submission that he will pay the entire |
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| dues within 15 days or otherwise the property therefore as such on the detail order has already passed here. Thus, |
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| now in the present SA hence disposed off accordingly. |
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| Ex. 10 | Affida | vit come undertaking. |
| P.O. DRT-I |
Tjs/-5
3
Mr N Gopalkrishna Rao
Federal Bank
Dr. Rekha G. Dhakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
