Disposed
Kotak Mahindra Bank Limited v. Vardhan H Jaiswal
DRTOA/429/2022
What the court decided
AI extract
Outcome
Disposed
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DEBTS RECOVERY TRIBUNAL 1, KOLKATA
| Order Sheet | ||
|---|---|---|
| Case No. OA | 429/2022 KOTAK MAHINDRA BANK LIMITED –Vs- VARDHAN H JAISWAL |
|
| Date of the Order |
Order with Signature | Office action with date and dated Signature of Parties when necessary |
| 18.1.202 4 (Sl. No. 12) |
Ms. A. Ariff. Ms. S. E. Huda, Mr. H. Roy. … For the Applicant Bank. Ms. Debjit Mukherjee. … For the Defendant. Ms. Ahana Rakshit. … Learned Receiver. |
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| Learned counsel for the applicant bank has filed two applications IA 335 of 2023 in which the applicant has prayed for necessary direction to the learned Receiver to make over possession of the immovable property situated at 13/1A, Indian Mirror Road, Ward No. 51, P.S. - Taltala, Kolkata – 700013 and another property which is industrial land measuring about 12 Kottahs 1 Chittack 32.5 Sft., alongwith tin shed structure, measuring 2000 Sft., in Holding No. 221/2, G.T. Road (North). On the prayer of the applicant bank, learned Receiver, Ms. Ahana Rakshit, took over possession of the properties. The applicant bank has filed an application under Section 14 of the Sarfaesi Act before the learned CMM, Kolkata, in respect of two properties and the learned CMM passed an order directing |
DEBTS RECOVERY TRIBUNAL 1, KOLKATA
| Date of the Order |
Order with Signature | Office action with date and dated Signature of Parties when necessary |
|---|---|---|
| the Sheristader of the Court to take physical possession of the said properties and to hand over to the applicant bank. |
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| Learned counsel for the applicant bank also filed an application before the learned DM, Howrah, in respect of the property situated at Howrah and an order was passed by the leaned DM with observation that the matter is sub-judice before this Tribunal and the secured creditor will have to abide by the final outcome of the adjudication of the Court. |
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| In view of such, learned counsel for the applicant bank prays for necessary direction to the learned Advocate Receiver to make over possession of the Howrah property to the authorised officer of the bank. |
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| The defendants have filed objection to this IA and submitted that as the Commissioner appointed by the Tribunal, the possession of the Commissioner is the possession of the Tribunal. Without hearing the matter in the OA and deciding the merit of the case, how can the Tribunal deliver possession to the applicant bank. |
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| Heard from both sides. Order is reserved. | ||
| So far as IA 2631 of 2023 the applicant bank is directed to |
DEBTS RECOVERY TRIBUNAL 1, KOLKATA
| Date of the Order |
Order with Signature | Office action with date and dated Signature of Parties when necessary |
|---|---|---|
| serve copy of this IA to the defendant and the defendant may file objection to this application. List IA 2631 of 2023 for further hearing on 21.2.2024. |
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| Learned Receiver raised question for remuneration which the applicant bank contends that the instruction was given for inspection of the property by the defendant with the collaboration of the Receiver, hence the remuneration is to be paid by the defendant and not by the applicant bank and there may be some mistake in the order. |
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| However, I direct the applicant bank to pay the remuneration assessed at Rs. 25,000/- where there is any merit or not. The put up petition IA 34 of 2024 is disposed of. |
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| (Ambuja Mohan Das) Presiding Off icer ac |
KOTAK MAHINDRA BANK LIMITED
VARDHAN H JAISWAL
Ambuja Mohan Das
As recorded by the court registry
2 orders share this CNR
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