Dismissed
Savla Constructions Pvt. Ltd. v. Hdb Financial Services Limited
DRTSA/240/2024
What the court decided
AI extract
Outcome
Dismissed
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| 22.07.2024 | Exh. |
Roznama-MDRT-II S.A. No.240 of 2024 |
Next date |
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| 7 | Advocate Mr. Rajesh Nagori for the Applicant. Advocate Mr. Padmakar Garad (through video-conferencing) for the Respondent. Vakalatnama (exhibit-7) filed by counsel for Respondent. Counsel for the Respondent submits that the Applicant’s creditor is neither the borrower nor the guarantor so, he cannot interfere in the SARFAESI proceeding initiated by the Respondent Bank against the borrower but at the same time, counsel for the Respondent admits that he has received the copy of Application annexed with this Application filed under Section 95 of IBC, 2016 before NCLT, Mumbai. The Applicant has approached the NCLT as |
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| creditor, so, there shall be interim moratorium till disposal of that |
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| Application. However, the Applicant has no locus standi to seek any stay against Respondent Bank, as he is not |
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under debt, so, this Securitisation
Application No.240 of 2024 is not
maintainable and stands dismissed.
File be consigned to the Record
Room.
Sd/-
Closed
Typed by- I/c P.O.
Radhika ,
Stenographer DRT-II
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As recorded by the court registry
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