The Tribunal held that a Securitisation Application is not maintainable when parties have amicably settled the matter and title deeds were handed over, rendering the SARFAESI measures ended.
The Securitisation Application No.162 of 2022 stands dismissed as infructuous with no order as to costs.
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IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI
(BEFORE HON’BLE PRESIDING OFFICER) ORDER SHEET
19.04.2024 Sr. No.38
| SA No.162 of 2022 | ||
|---|---|---|
| classifi -cation |
No. of Exh. |
Mr. Bapu Shankar Nikam Vs. Tata Capital Housing Finance Ltd. |
| None for the applicant. Mr Vikas Salvi – Advocate for defendant. |
||
| 1. MR Salvi, representing the secured creditor, submits that the parties have amicably settled the matter. The secured creditor handed over the original title deeds and |
||
| therefore, the SARFAESI measures ended. |
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| Securitisation Application in its present form is not | ||
| maintainable therefore, Securitisation Application No.162 of 2022 stands dismissed as infructuous with no order as to costs. |
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| Sd/- Presiding Officer, DRT-2, Mumbai |
Radhika
1 issue framed by the court
Whether the Securitisation Application is maintainable in light of the parties settling the matter and handover of title deeds.
1 provisions across 1 enactments
Mr Bapu Shankar Nikam
Tata Capital Housing Finance Ltd
Presiding Officer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
