The court deferred scheduled possession by the Bank after the Applicant undertook to deposit outstanding dues within stipulated timelines, subjecting the relief to the fulfillment of said undertaking. The applications were subsequently disposed of.
Physical possession scheduled for 22.05.2025 was deferred, subject to Applicant's undertaking to deposit dues.
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.
| 21.05.2025 | Exh. | Roznama-MDRT-II S.A. No.243 of 2025 |
Next date |
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| Mr Prerak Sharma, Advocate for the Applicant. Ms Pritee Tapdiya, Advocate for Respondent. |
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| 10 | Ld. Advocate for the Applicant submits that the matter has been settled between the parties as per affidavit- cum-undertaking (exhibit-10) filed today according to which the Applicant shall deposit Rs.35 lakhs within 30 days from today and the balance amount of the O/D account within 90 days from today. Ld. Advocate for the Applicant further submits that out of Rs.35 lakhs, Rs.3.50 lakhs shall be deposited by the Applicant by 1 p.m. on 22.05.2025. Ld. Advocate for the Respondent Bank submits that in case there is any violation of the affidavit-cum- undertaking, the Respondent Bank shall be permitted to take physical possession without any further notice. In view of the affidavit-cum- undertaking, the physical possession scheduled for 22.05.2025 be deferred |
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| subject to conditions mentioned above failing which the Respondent would be at liberty to take appropriate measures under the SARFAESI Act. |
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| Accordingly, I.A. No.1164 of 2025 for stay and S.A. No.243 of 2025 stands disposed of. Sd/- P.O. |
Closed | |
| rst - 03 | DRT-II |
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1 issue framed by the court
Whether to stay or dismiss the application for stay on possession given the affidavit undertaking to pay dues.
1 provisions across 1 enactments
P.O.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
