Bank of Maharashtra v. Alkabai Bhausaheb Udhar
Case brief
What is this about?
The DT at Aurangabad returned the original application as a mortgage suit, directing the bank to file it in a civil court. Limitation was excluded for this filing.
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.
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
| 16.04. Sr. No |
2024 .34 O.A.No. 191/2024 |
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|---|---|---|
| Classific ation |
No. of Exh. |
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| ORIGINAL APPLICATION No. 191/2024 Bank Of Maharashtra .. Applicant Versus Alkabai Bhausaheb Udhar& others .. Defendants Mr. Dabholkar Mandar M - Advocate for the applicant-bank. None for the defendants. 1. The learned counsel appearing for the applicant bank himself submits that it is a mortgage suit. Accordingly, it is not within limitation. And submits further that the Tribunal has no power to entertain the**mortgage suit**and only the applications for recovery of money can be entertained for which limitation is three years. Seeks return of OA. Section 2(b) of the Limitation Act states that application includes a petition. Section 2(l) of the Act states that suit does not include an appeal or an application. 2. The Hon’ble Supreme Court in the matter of Inderjeet Arya and Another V/s ICICI Bank Ltd. reported in (2014) 2 SCC 229 observed that,“the term suit would apply only to the proceedings in civil court and not actions or recovery proceedings filed by banks and financial institutions before _a_Tribunal such as DRT.” 3. In view of the above, I pass the following order. |
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| ORDER A. The Original Application No.191/2024 be returned to the applicant bank to be presented in proper court and the time |
[APK] (OA No.191/2024) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
Parties & counsel
- applicant
Bank Of Maharashtra
- respondent
Alkabai Bhausaheb Udhar
Coram
Vimal Gupta
Case details
As recorded by the court registry
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