Tribunals and CommissionsSingle Bench(2023) 06 DRAT CK 0018

Prateek Gupta vs Kotak Mahindra Bank

Debts Recovery Appellate Tribunal · Decided on 16 June 2023

HON’BLE JUDGES
Briiesh Sethi, Chairperson
RESULT
Disposed Of
CASE NUMBER
Misc. Application No.339 Of 2023

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Judgment

7 paragraphs · 302 words

This matter has been taken up by me through Video Conferencing.

Misc. Application No.339/2023

This is an application seeking direction to the learned DRT-II, Delhi to take up the SA No.177/2023 titled as `Prateek Gupta vs. Kotak Mahindra Bank and decide the same at the earliest.

Ld.   Counsel   submits   that  aggrieved   by   the   measures   taken   by   the respondent bank, the applicant has filed an S.A., which  is pending before the learned DRT-II, Delhi.   Learned counsel further submits that the respondent bank has put the property in question to e-auction on  15.05.2023.    Learned counsel states that the property which has been put to auction is not a demarcated one and  the  bank  has  put  to  auction  those  portions  of the  property  also  which belonged to the applicant.   Learned counsel further states that applicant has also filed  an  urgent application  before the  learned  DRT for grant of stay order to prevent creating any third party rights over the property in question, which is also pending.    Learned counsel further submits that since the learned DRT-II, Delhi has no regular Presiding Officer and its additional charge has been given to the learned Presiding Officer, DRT, Allahabad,  his matter is not being taken up for hearing.     In  these  circumstances,  the  learned  counsel  prays that the  learned Presiding Officer, DRT, Allahabad may be directed to take up the applicant's S.A. and the urgent application and decide the same at the earliest in view of the urgency.

Heard. The  learned  Presiding  Officer,  DRT,  Allahabad,  who  is  holding additional charge of learned DRT-II, Delhi, is requested to take up the applicant's SA No.177/2023 and also the interim application for urgent relief at 11.30 a.m. tomorrow, i.e. 17.06.2023 and pass appropriate order in accordance with law.

With the above direction, the application stands disposed of.

File be consigned to record room.