Disposed

Dnyaneshwar S O Govindrao Kondawar v. Abhyudaya Cooperative Bank Limited

DRT16 Jan 2024SA/16/2024

Case brief

AI extract

What is this about?

The Tribunal dismissed an application for condonation of delay due to insufficient cause. It allowed the main matter only on possession, registered the securitization application in principle, but dismissed it subsequently as possession was not taken due to stay orders, permitting a fresh filing.

What did the court decide?

Interlocutory application disposed off; Securitization Application registered in principle but disposed off as possession not taken; liberty to file fresh SA with objections.

16.01.
Sr. No

2024
.48
DIARY No. 546/2023

Classific
ation

No. of
Exh.

Interlocutory Application No.873/2023 (Diary No.1042/2023)
IN
DIARY NO. 546/2023- SA No.16/2024

Dnyaneshwar S/o Govindrao Kondawar
..Applicant
Versus
Abhyudaya Co-Operative Bank Limited
..Respondents
Mr. S.G. Dodya - Advocate for the applicant.
Mr. Sadanand Deve – Advocate for the respondent bank.
The matter is taken through Video Conference.
1. In this matter the learned counsel for the respondent bank
submits that the applicants have not complied with the
directions passed by this Tribunal to deposit Rs.60 Lacs
(Rupees Sixty Lacs only).

2. The counsel for the applicant submits that they have
deposited Rs.10 Lacs (Rupees Ten Lacs only) and given

three cheques out of which one cheque has been cleared

thereafter the Liquidator is appointed therefore no
payment was made and they have approached the bank for
settlement.

3. There is an Interlocutory Application No. 873/2023 (Diary
No.1042/2023) filed by the counsel for the applicant for
condonation of delay. There is no sufficient cause to
condone the delay and as such the delay condonation

application be disposed off.
4. In view of the above, I pass the following order through video conferencing: ORDER
A. The Interlocutory Application No. No. 873/2023 (Diary No.1042/2023) stands disposed off.
B. The Diary No.546/2023 stands allowed only qua of possession.
C. The Securitisation Application be registered qua on possession.
D. The possession has not been taken as the stay orders so the Securitisation Application No.16/2024 stands disposed off.
E. The applicant is at liberty to file the fresh SA alongwith all objections which they might have taken in this SA.
F. All interlocutory applications disposed off accordingly. G. File be consigned to the record room.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

application be disposed off.

4. In view of the above, I pass the following order through
video conferencing:
ORDER

A. The Interlocutory Application No. No. 873/2023 (Diary
No.1042/2023) stands disposed off.

B. The Diary No.546/2023 stands allowed only qua of
possession.

C. The Securitisation Application be registered qua on
possession.

D. The possession has not been taken as the stay orders so
the Securitisation Application No.16/2024 stands disposed
off.

E. The applicant is at liberty to file the fresh SA alongwith
all objections which they might have taken in this SA.

F. All interlocutory applications disposed off accordingly.
G. File be consigned to the record room.

(Vimal Gupta)
Presiding Officer
Debts Recovery Tribunal, Aurangabad

Dnyaneshwar S O Govindrao Kondawar v. Abhyudaya Cooperative Bank Limited

Case brief

What is this about?

What did the court decide?

Dnyaneshwar S O Govindrao Kondawar v. Abhyudaya Cooperative Bank Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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