A secured creditor submits that the Chief Metropolitan Magistrate passed an order giving 15 days' notice before coercive steps. The Tribunal accepts the statement and operates as an order.
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 No.2, MUMBAI
(BEFORE HON’BLE PRESIDING OFFICER)
Sr. No.6
INTERLOCUTORY APPLICATION No.2682 of 2023
In SECURITISATION APPLICATION NO.1 of 2024
Universal Textile Waterproof Co. & … Applicants Ors.
Versus
NKGSB Co-op. Bank Ltd. & Ors. … Defendants
Mr Charles De Souza, Mr Rajesh Nagori and Mr Manaswi Agarwal i/b M/s. Meraki Chambers – Advocates for the applicants.
Ms Dimple Tejani i/b M/s. M & S Legal Ventures – Advocates for defendant nos.1 and 2.
None for other defendants.
Shri Deepak M. Thakkar Presiding Officer, 2nd January 2024.
ORDER
Page 1 of 2
partnership firm, that is, the 1st applicant and shall give fifteen days’ notice before taking any coercive steps. The statement made by Ms Tejani is accepted and shall operate as an order of the Tribunal.
Sd/-
(Deepak M. Thakkar) Presiding Officer, DRT-2, Mumbai
Radhika
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI (BEFORE HON’BLE PRESIDING OFFICER) ORDER SHEET
02.01.2024 Sr. No.6
| SA No.1 of 2024 | ||
|---|---|---|
| classifi -cation |
No. of Exh. |
Universal Textile Waterproof Co. & Ors. Vs. NKGSB Co-op. Bank Ltd. |
| Mr Charles De Souza – Advocate for the applicants. | ||
| Ms Dimple Tejani i/b M/s. M & S Legal Ventures – Advocates for defendant. |
||
| 1. Order in Interlocutory Application No.2682 of 2023 passed separately. 2. Liberty to apply in case of urgency. 3. Parties to appear before the learned Registrar, stand- over to 2ndFebruary, 2024. |
||
| Radhika | Sd/- Presiding Officer, DRT-2, Mumbai |
Page 2 of 2
1 issue framed by the court
Whether automatic moratorium under Section 95 applies given magistrate order under Section 14 CrPC.
NKGSB Co-op. Bank Ltd.
Deepak M. Thakkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
