M/s. Iswar Vanmalidas Prajapati & Ors Vs ICICI Bank Ltd
.... ate that the ratio stated in the Madras decision would prevail. That apart, the Ld. Counsel appearing for the Respondent also relied on the decision of the Hon’ble Supreme Court in Bank of Baroda & Anr. V/s. Parasaaldilal Tulshiram 2022 SCC OnLine SC 1006 wherein it was observed by the Hon’b ...
Debts Recovery Appellate Tribunal, Mumbai Bench
M/s. Shree New Baba Khateswar Trading Co. & Ors Vs ICICI Bank Ltd
.... that the Ld. Presiding Officer did not enter into the merits merely because the Appellants had approached the Tribunal at the eleventh hour and therefore, it was deemed appropriate that an opportunity be given to the Respondent bank to file their reply. The Appellants could have again moved D.R ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Shailesh Dilipbhai Shah Vs Indiabulls Housing Finance Ltd. & Ors
.... measures. Dismissal of the S.A. could in effect tantamount to giving authority to the creditor to proceed with the Sarfaesi measures even without there being a finding regarding the challenges which have been raised against the Sarfaesi measures initiated by the Respondents. At best, it could h ...
Debts Recovery Appellate Tribunal, Mumbai Bench
G S Ramesh Vs City Union Bank Limited
.... ovision cannot be applied here. Said provision is applicable to cases settled in Lok Adalat. Either in RDB Act, 1993 or in SARFAESI Act, 2002, there is no provision for refund of Court Fee. 2. Admittedly, this case is not settled before Lok Atalat, on the other hand, Petitioner/Appellant, ...
Debts Recovery Appellate Tribunal, Chennai Bench
Indian Bank Vs M/s.R.S.Construction Company & ors
.... s and failed to consider claim of Bank at contractual rate of interest for pendentelite period. He submitted, interest at 12% p.a., is totally biased, and there are no grounds for reduction of interest. It is further submitted, Tribunal below failed to give any reason for reduction of interest. ...
Debts Recovery Appellate Tribunal, Chennai Bench
Jagannath Mahaprabhu, Llp Vs M/s. Jain Steel And Power Limited & 3 Others
.... Learned Counsel for opposite party has made two fold arguments; firstly that the application is beyond time and further it is submitted that the opposite party/HUDCO is directed to make the payment of interest portion which is due against him. But as far as other members for consortium is con ...
Debts Recovery Appellate Tribunal, Kolkata Bench
Mahesh Tannaya Kotiyan & Anr Vs Punjab National Bank & Anr
.... espondent bank submits that the Applicants have been seeking unnecessary adjournment before the Debts Recovery Tribunal, (D.R.T) and getting the disposal protracted. 4. The Ld. Counsel appearing for the Petitioners stated that no adjournment was sought by the Applicants and that the matter ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Deep Motors Gallery & Ors Vs RBL Bank Ltd
.... re the Debts Recovery Tribunal – III, Mumbai (D.R.T) in the S.A. The affidavit filed by the Appellant present in person today is also produced for perusal in which he has undertaken that the amount lying in deposit in this Tribunal together with the accrued interest may be released to the b ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Jai Ambika Ginning and Pressing Factory & Ors Vs Union Bank of India
.... the SARFAESI Act. It is pointed out that the Appellants had sent a reply consequent to receipt of demand notice therein they have not disputed any of the Sarfaesi measures. On the other hand, they had expressed their willingness to pay off the amount and also requested for restructuring of the ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Suryakant Kukreja and Ors Vs Reliance Asset Reconstruction Company Ltd
.... ems that the police authorities and Tahsildar were not cooperating a result of which the Reliance Asset Reconstruction Company had to approach the Hon’ble High Court by way of a writ petition. There was a specific direction given in the writ petition to the Tahsildar to take possession of the pr ...
Debts Recovery Appellate Tribunal, Mumbai Bench
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