In Appeal No. 01/2024, the Debts Recovery Tribunal disposed of the appeal as premature. It directed the Recovery Officer to decide the pending objection within six weeks, allowing parties to pursue appropriate remedies thereafter.
The appeal was disposed of; the Recovery Officer was directed to decide the objection within six weeks.
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.
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, CAMP AT NANDED) ORDER SHEET
10.01.2024
| Sr | . No.1 | 1 APPEAL/1/2024 |
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| Classific ation |
No. of Exh. |
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| APPEAL No. 01/2024 Poornawadi Nagarik Sahakari Bank Ltd. ..Applicant Versus Bank Of Baroda & others .. Respondents Mr. Yadkikar Amit A-Advocate for the applicant. Mr. S.R.Vakil - Advocate for respondent no.1 bank Mr. Shantanu Deshpande – Advocate for respondent no.6 Mr. G.A.Rajput – Advocate for respondent no.7. The matter is taken through Hybrid. 1. The learned counsel for the respondent no.1 Bank of Baroda has taken an objection that the appeal is premature. |
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| 2. The learned counsel for the applicant submits that they are ready and willing to go to the Recovery Officer for getting the objection decided. |
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| 3. In view of this Tribunal feels that let the objection be decided by the Ld. Recovery Officer. |
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| 4. In view of the above, I pass the following order: ORDER A. The Appeal No. 01/2024 is disposed of. |
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| B. All pending IA in the proceeding, if any are disposed of accordingly. |
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| C. The Ld. Recovery Officer is directed to decide the objections within six weeks. |
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| D. The parties are at liberty to take the appropriate remedy as per the law and filing of this appeal will not create any hurdle in taking appropriate remedy. E. Consign the file to the Record Room and orders be uploaded on official web-site. |
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(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad |
[APK]
2 issues framed by the court
Whether the appeal was premature.
Whether the Recovery Officer was empowered to decide the objection raised by the respondent bank.
Poornawadi Nagarik Sahakari Bank Ltd.
Bank Of Baroda
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
