Merchant Real Estate Pvt. Ltd Vs SMFG India Credit Company Ltd
.... ranted to go ahead with the taking over of possession of the secured asset. It is pertinent to note that the D.RT. had directed maintaining the status quo which would indicate that it was to maintain the status quo till the dispute was resolved. Without resolving disputes, either regarding the o ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Central Bank of India Vs Upendra Pravinbhai Patel & Anr
.... . V. Noble Kumar & Ors. (2013) 9 SCC 620 wherein, it is held that where the secured creditor gives requisite notice under Rule 8(1) and does not meet with any resistance, the authorised officer can proceed to take steps as stipulated under Rule 8(2) and take possession and, thereafter, for ...
Debts Recovery Appellate Tribunal, Mumbai Bench
N. Jahangir Vs Central Bank of India
.... Appellants. 4. Advocate for Appellants represented that Company is not in existence, and it went on liquidation, therefore, there is no necessity to affix the seal of Company and produce Resolution of Company. When it was put to Advocate for Appellants whether Liquidator is shown as a part ...
Debts Recovery Appellate Tribunal, Chennai Bench
M/s. Krishidhan Farms Pvt. Ltd. & Anr Vs Debt Recovery Officer & Ors
.... t and the Courts subordinate to it. This Tribunal is not subordinate to the Hon’ble High Court of Bombay and hence, it does not apply. However, since the appeal has been heard on merits, it is being disposed of by this order. Interlocutory applications Nos. 147 and 149 of 2024 are not being cons ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Haresh Mohanlal Mehta Vs Capri Global Capital Ltd. & Ors
.... person as an agent or a servant acting at the instance of the owner will not amount to actual physical possession. 15. In light of the above precedents, it will have to be decided whether the appellant can defend his possession against the measures taken by the 1st respondent under the pr ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Anand S. Jaisingh Vs Central Bank of India & Ors
.... llant seeks condonation of delay. The period spent by the appellant here before the Hon’ble High Court has to be condoned given section 14 of the Limitation Act. But there is also a delay for the earlier period which required to be condoned. 3. Considering the facts and circumstances of thi ...
Debts Recovery Appellate Tribunal, Mumbai Bench
M/s. Repute Foods Pvt. Ltd. & Ors Vs Central Bank of India
.... because the appellants wanted the taking over possession of the property to be stalled which was declined by the D.R.T. Subsequently, the possession of all the properties was taken but possession of certain items of properties was restored and they would be again taken possession of only follow ...
Debts Recovery Appellate Tribunal, Mumbai Bench
M/s. Esha Farm Pvt. Ltd Vs Bank of Maharashtra & Ors
.... Tribunal. Hence, the CDs were aware of the amount that was due, as debt from them. Despite knowing, the CDs did not raise any objection concerning the proclamation for sale. They had challenged this only in the appeals filed by them, and that too, the challenge was to the order dated 04.04.2007 w ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Akar Creations Pvt. Ltd. & Ors Vs Canara Bank
.... espondent bank submits that as of 01.02.2024, the outstanding dues is ₹56,46,72,144.20 and that the appellants have not paid any amount towards that. It seems that multiple attempts to sell the property had failed and the sale notice was issued on 31.03.2022. The outstanding debt was ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Shri Samarth Paper and Board Mill & Ors Vs Bank of India through Authorised Officer
.... ly, compliance of the second proviso to Sec. 18(1) would be required for entertaining the appeal. Hence, the argument of the Ld. Counsel for appearing for the appellant that pre-deposit has not to be paid under Sec. 18(1), is not acceptable. 4. The Ld. Counsel for the appellants has pointed ...
Debts Recovery Appellate Tribunal, Mumbai Bench
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