M/s Priyanka Finance Vs Vidya Sahakari Bank Ltd. & Anr
.... 6. The case of the appellant is that the mortgage created in favour of the first respondent was only on 16.07.1998 whereas, the sale deed in favour of the appellant was executed on 01.02.1998, much before the mortgage. The mortgagor did not therefore have any existing right in the subject propert ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Yes Bank Limited Vs Debabrata Das
.... der regarding the issue of taking possession by the secured creditor. 5. Learned Counsel for the Respondent would submit that the issue of limitation was prima facie decided by the Learned DRT. As far as the issue of interim order is concerned, SARFAESI Application is yet to be decided wher ...
Debts Recovery Appellate Tribunal, Kolkata Bench
Bishnupada Ghosh Vs State Bank of India
.... decisive factor to be considered while interpreting a statute.” “15. The law on the issue can be summarized to the effect that where a case has been presented in the court beyond limitation, the applicant has to explain the Court as to what was the “sufficient cause” which means an adequate ...
Debts Recovery Appellate Tribunal, Kolkata Bench
Sanjay Kumar Narayan Prakash Arora & Ors Vs State Bank of India & Anr
.... criminal case and the rejection of the anticipatory bail application, the Ld. Counsel appearing for the appellants argues vehemently that the appellants have a good prima facie case regarding the allegation of forgery and fraud. It is pertinent to note that the final report on the crime that wa ...
Debts Recovery Appellate Tribunal, Mumbai Bench
K. Premsagar Rao Vs Bank of India
.... roceedings. 7. After hearing the Learned Counsel for the parties Learned DRT dismissed the application holding that the Application is filed after four years of passing the order dated 10.12.2019. No reasons are given as to why so much long time was taken for moving the application. 8. ...
Debts Recovery Appellate Tribunal, Kolkata Bench
Indian Bank Through its Authorized Officer Vs M/s. Siddhivinayak Logistics Ltd. & Ors
.... dants but no written statements were filed and there was no effective defense taken up by the defendants. 3. The appellant is aggrieved by the imposition cost of a sum of ₹5 lakhs on the appellant for the reason that they did not get the hypothecation registered with the authorities i ...
Debts Recovery Appellate Tribunal, Mumbai Bench
M/s Popular Luggage & Anr Vs Authorised Officer, Indian Bank & Anr
.... r sale which has to be valued taking into consideration the value of the improvement made. Whether the improvement was made legally or illegally is none of the concern to the valuer, and it is apparent that the valuer did not value the subsequent improvement to the building, and therefore, prima ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Basic Style Pvt. Ltd. & Ors Vs Bank of Maharashtra
.... which too, expenses will have to be incurred and therefore, they are not in a financially sound position to pay 50% of the debt due. Therefore, they seek the indulgence of the Tribunal exercising the jurisdiction under Sec. 3rd proviso to Sec. 18(1) to waive deposit of 25% of the debt due. ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Punjab National Bank Vs N.s J. K. Industries & Anr
.... rt of the pleadings. After considering the evidence and hearing the arguments, the Ld. Presiding Officer (P.O.) vide the impugned order observed that the applicant has not proved the existence of outstanding dues. The accounting was not proper and the report of the Chartered Accountant appointed ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Narayan S/o Bhagwanrao Jadhav & Anr Vs Shubham Housing Development Finance
.... xed on the premises as is required under Rule 3 of the Security Interest (Enforcement) Rules 2002, and publication alone would not have been sufficient. 4. The Ld. Counsel appearing for the appellants would also submit that the address of the appellants is incorrectly mentioned in the procee ...
Debts Recovery Appellate Tribunal, Mumbai Bench
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