The Appeals disposed of an appeal challenging an order dated 19.06.2024. The court held that the impugned order was already set aside in a parallel appeal (No.05 of 2024) and found no independent ground for fresh examination.
No order as to costs.
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.
APPEAL NO.06 OF 2024
DEBTS RECOVERY TRIBUNAL No.2, MUMBAI
PRESIDING OFFICER: HARISH KUMAR KAUSHIK
APPEAL NO.06 OF 2024
Date of Presentation: 06.07.2024 Date of Decision: 02.06.2026
Shakuntalam Landcraft Private Limited, having its registered office at H-27, W8, E Lane, Western Avenue, Sainik Farms, South Delhi – 110062 (through Authorised Ms. Shruti Chowdhary)
… Appellant
Versus
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APPEAL NO.06 OF 2024
| APPEARANCES For the Appellant |
: Mr Rajesh Nagori and Ms Sanjana Ghogare – Advocates |
|---|---|
| For Respondent No.1 | : Mr Bhalchandra Palav - Advocate |
| For Respondent No.2 | : Mr Akbar Rizvi i/b M/s. AKS |
| Legal Consultants, Advocate | |
| For Respondent No.3 | : Ms Barsha Parulekar – Advocate |
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APPEAL NO.06 OF 2024
handed over subject to the outcome of the Appeals pending before the Hon’ble DRAT, Mumbai.
Ld. Counsel for the Appellant i.e. Auction Purchaser submitted that the auction sale has already attained finality. It is submitted that the Appellant was declared as the successful auction
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APPEAL NO.06 OF 2024
purchaser and the entire sale consideration has been deposited, the sale stood confirmed, and Sale Certificate has been issued in favour of the Appellant i.e M/s Shakuntalam Landcraft Private Limited.
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APPEAL NO.06 OF 2024
were wholly unnecessary for adjudication of the applications pending before him. It is therefore prayed that the impugned order dated 19.06.2024 be set aside.
Ld. Counsel appearing for Respondent No.1 and Respondent No.2 submitted that the auction proceedings have already culminated and the applications pending before the Ld. Recovery Officer ought to be dealt with in accordance with the directions previously issued by the higher forums.
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APPEAL NO.06 OF 2024
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APPEAL NO.06 OF 2024
possession of the mortgaged property and the original title documents are yet to be handed over to the Appellant i.e. Auction Purchaser.
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APPEAL NO.06 OF 2024
ORDER
Sd/-
(Harish Kumar Kaushik)
Presiding Officer, DRT-2, Mumbai
Srishti
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Shakuntalam Landcraft Private Limited
Asset Reconstruction Company (India) Ltd.
Omkara Assets Reconsturction Private Limited
Daewoo Motors India Ltd.
HARISH KUMAR KAUSHIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
