In SA No.251 of 2025, the DRT-II accepted an undertaking by the applicant to deposit secured amounts. The scheduled possession was deferred. The interlocutory application for stay and the saint were disposed of.
Possession deferred; I.A. No.1190 of 2025 and S.A. No.251 of 2025 disposed of.
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.
| 22.05.2025 | Exh. | Roznama-MDRT-II S.A. No.251 of 2025 |
Next date |
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| Mr Satyadev D. Joshim Mr Sushant Mishra and Mr Ankit Pandey, Advocates for the Applicant. Mrs Uma S. Fadia, Advocate for Respondent. |
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| 8 | Heard on I.A. No.1190 of 2025. During the course of arguments, Ld. Advocate for the Applicant submits that he wish to settle the matter with the Respondent. Accordingly, he has filed affidavit-cum-undertaking (exhibit-8) stating that the Applicant undertakes to deposit Rs.4,00,000/- on or before 23.05.2025 by 12 O’clock and further undertakes to pay the remaining amount of Rs.18,02,057/- within a period of 45 days from 23.05.2025, i.e., on or before 07.07.2025 and in case of failure, the Applicant will hand over the peaceful possession of the secured |
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| assets to the Respondent. The undertaking given by the Applicant is accepted. So, in view of undertaking filed above, possession fixed for 23.05.2025 |
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| nrb - 13 | be deferred subject to condition mentioned in affidavit-cum- undertaking (exhibit-8) failing which the Applicant shall handover the physical vacant possession of the subject property to the Respondent and the Respondent would be at liberty to take appropriate measures under the SARFAESI Act. In view of the affidavit-cum- undertaking, Ld. Advocates for the parties seeks to dispose of the I.A. as well as the S.A. Accordingly, I.A. No.1190 of 2025 for Stay and S.A. No.251 of 2025 stands disposed of. Sd/- P.O. DRT-II |
Closed |
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1 issue framed by the court
Whether to accept the undertaking to deposit money and defer possession under SARFAESI Act.
Applicant
Respondent
P.O.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
