State Bank of India Vs Sampat Parasram Rathod & Anr
.... circumstances of the case in hand. 9. A reading of Sec. 2 (g) of the RDB Act would be worthwhile: “(g) “debt” means any liability (inclusive of interest) which is claimed as due from any person or pooled investment vehicle as defined in clause (da) of section 2 of the Securities Contr ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Pramod Yashwant Desai & Ors Vs Authorised Officer,Federal Bank
.... given in the demand notice and therefore, it is not defective. 7. The appellants have to some extent established that the demand notice issued is defective for not showing the details of the principal amount and the unapplied interest payable by the appellants. Just mentioning the principa ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Bansari Alloys Pvt. Ltd. & Anr Vs Chief Manager and Authorised Officer, Indian Bank
.... count could never have been classified as NPA during the moratorium and therefore, the entire Sarfaesi measures are defective. It is also stated that the appellants have deposited a considerable amount after receipt of the demand notice. They have also produced the income tax returns to prove tha ...
Debts Recovery Appellate Tribunal, Mumbai Bench
M/s. Karia & Sons & Anr Vs TJSB Sahakari Bank Ltd
.... ward for realization of the amount from the appellant is passed by the arbitrator. 8. The Ld. Counsel appearing for the respondent submits that the arbitrator cannot adjudicate about the mortgage and therefore, no award to realize the amount from out of the mortgaged property could have bee ...
Debts Recovery Appellate Tribunal, Mumbai Bench
The Authorised Officer, Canara Bank Vs Yogeshchandra C Purohit & Ors
.... 4. Though ICICI Bank Ltd. had contested the S.A. stating that a mortgage was created concerning the property in its favour, no documents were produced and the description of the property allegedly mortgaged to ICICI Bank Ltd. also appears to be different. No action whatsoever has been taken b ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Sheshrao Dharma Pawar Vs Bank of India & Ors
.... eking three weeks to pay the balance amount stating that because of the festivities they were unable to arrange the funds that were required but earnest attempts were made by them and a sum of ₹10 lakhs they could raise was paid. The Ld. Counsel appearing for the respondent bank and also t ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Sandeep H Sahasrabudhe & Anr Vs HDFC Bank Ltd. & Ors
.... le of the property only on 27.03.2024, which was after the issuance of the demand notice under Sec. 13(2) and an order under Sec. 14 to take possession was obtained from the District Magistrate on 30.10.2023. After having failed to comply with the OTS proposal, the borrowers/mortgagors could not ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Chandrakant Ashok Patil & Ors Vs Kotak Mahindra Bank Ltd
.... 15 lakhs was due and payable and therefore, it is prayed that indulgence be shown and the appeal be restored to file. 3. The Ld. Counsel appearing for the respondent has vehemently opposed this application stating that the appellants are not entitled to any indulgence and that there was no ...
Debts Recovery Appellate Tribunal, Mumbai Bench
IDBI Bank Ltd Vs Sidramappa Anandrao Mule Proprietor of M/s Shree Basaweshwar Agro & Ors
.... matter hence, the reply be received. 4. The Ld. Counsel appearing for the appellant has vehemently opposed this application stating that the limited scope of this appeal is whether the pendente lite interest ordered by the impugned judgment is proper or not, and therefore, it would not aff ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Dhanlaxmi Electricals & Ors Vs Deutsche Bank AG
.... eme Court in Arce Polymers Pvt Ltd V/s. Alphine Pharmaceuticals Pvt. Ltd and Ors (2022) 2 SCC 221 7. The appellants have also not proved that they are under any financial strain and therefore, the Ld. Counsel appearing for the respondent submits that the appellants be directed to deposit 5 ...
Debts Recovery Appellate Tribunal, Mumbai Bench
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