The Debts Recovery Tribunal dismissed a money application as not maintainable because a writ petition seeking the same relief was pending before the High Court, directing the applicant to approach the Respondent FI directly.
Money application dismissed as not maintainable; applicant directed to seek remedy from the Respondent FI.
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 20
Case No.MA/201/2025 IN SA/358/2023
ANNU SHARMA AND OTHER Vs INDIA SHELTER FINANCE CORPORATION LIMITED
Date: 24.08.2026.
Proceedings through hybrid mode Present:
Shri Kuldeep Sharma, Counsel for the Applicant
Shri Pramod Kumar, Counsel for the Respondent Bank/FI
This case is already fixed on 28.09.2026 but respondent FI has filed I.A. No. 902/2026 for early hearing to direct the applicant to take out his belongings.
In this matter, counsel for the respondent submits that the applicant have moved this MA for taking the belongings. He submits that since no matter is pending, they should have make the request to the Respondent FI.
Counsel for the respondent submits that they are ready and willing to redeem the belongings but the request has to be made to the bank only.
Counsel for the applicant submits that there is a writ petition pending for the same relief before the Hon’ble High Court.
In view of the above, this MA is not maintainable, accordingly MA stands disposed of as dismissed, all pending IAs also stands disposed of, 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
cm
1 issue framed by the court
Whether the present money application regarding disposal of belongings is maintainable when a writ petition on the same relief is pending before the High Court.
Annu Sharma and others
India Shelter Finance Corporation Limited
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
