The Debts Recovery Tribunal, Jaipur, expunged an argument by the recovery officer stating that handing over full vacant possession is the officer's responsibility and refund claims remain unextinguished if the auction purchaser waits for formalities. All pending applications were also disposed.
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 104
Case No. APPEAL/4/2022
KOTAK MAHINDRA BANK Vs M/S DERBY TEXTILE LTD
Date: 27.05.2025.
Proceedings through hybrid mode Present:
Ms. Usha Singh along with Shri Vijay Jangid, Counsel for the Applicant
None for the Respondent
In this matter, the appellant requests for expunging the following argument made by the recovery officer in the order for the publication of the notice.
“ It is reiterated that handing over of full vacant possession is the responsibility of the undersigned in law and their legal claims with regard to seeking refund by cancellation of auction shall remain unextinguished, provided the auction purchaser waits till all legal and police formalities are completed.”
The said argument stands expunged. Ld. Recovery Officer be informed about the same.
Accordingly, Appeal stands disposed off, all pending IAs also stands disposed off, if any.
File be consigned to record as per rules. Copy of order be uploaded on website.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur
1 issue framed by the court
Whether the argument made by the recovery officer regarding the responsibility of handing over full vacant possession and the claims for refund by cancellation of auction stands expunged.
Kotak Mahindra Bank
M/s Derby Textile Ltd
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
