In Sa/437/2024, the DRT Chandigarh disposed of an application for stay on sale of secured residential property. The court stayed dispossession if the applicant made conditional payments; otherwise, the applicant must surrender possession.
Stay on dispossession granted conditionally; default requires surrender of possession.
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.
DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
SA/437/2024 CHINKY BHATIA Vs CANARA BANK
11.12.2024 Item No.38
Present: Sh. Varun Sharma, Counsel for the Applicant.
Sh. Yogesh Kumar, Counsel for respondent bank.
File taken up today on the basis of application for preponement filed by the applicant.
It is stated that a sum of Rs.26.00 Lacs is due as on today and a sum of Rs.5.10 Lacs is the overdue amount. The possession of the secured asset, which is residential house measuring 4 Marlas is fixed up for tomorrow.
Subject to the payment of Rs.3.00 Lacs by 11:00 AM tomorrow and another sum of Rs.2.00 Lacs within a week, the dispossession of the applicant fixed up for tomorrow is stayed. In case applicant fails to make the payment, the applicant would himself surrender the possession. In view of this, SA stands
disposed of.
File be consigned to record room after due compliance.
(A S Narang) Presiding Officer DRT-I, Chandigarh
PANKAJ
2 issues framed by the court
Whether stay of sale of secured asset is granted subject to conditional payments.
Whether applicant must surrender possession if conditions for stay are not met.
Chinky Bhatia
Canara Bank
A S Narang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
