Gauranga Banerjee Vs Hinduja Lay Land Limited
.... uiring payment of the principal money has been served on the mortgagor or on one of several mortgagors, and default has been made in payment of the principal money, or of part thereof, for three months after such service; or (b) some interest under the mortgage amounting at least to five hu ...
Debts Recovery Appellate Tribunal, Kolkata Bench
Shri Krishna Cinetech Pvt Ltd Vs Punjab National Bank And Ors.
.... letter dated 16.07.2019 of the respondent bank, whereby one property of Shri Colonizers and Developers Pvt. Ltd. was released on deposit of requisite amount, which is situated at plot no. D/2/126, Sushant Golf City, Sultanpur Road, Lucknow. It was argued by him that against the said property, th ...
Debts Recovery Appellate Tribunal, Allahabad Bench
Indian Overseas Bank Vs M/s Kitty Creations And Ors
.... s is not a ground to nullify the SARFAESI proceedings initiated by the secured creditor, if no substantial prejudice was cause to the borrower. It was thus prayed that the order impugned may be set-aside and the appeal may be allowed. 8. Learned counsel for the respondents no. 1, 2 and 3 su ...
Debts Recovery Appellate Tribunal, Allahabad Bench
Union Bank of India Vs Boddu Ganesh, S/o Late Veeraiah
.... the successful auction purchaser with a vested right? (c) What is the impact of the amended Section 13(8) of the SARFAESI Act on the Borrowers' right of redemption in an auction conducted under the SARFAESI Act? Or in other words, what is the effect of amendment to Section 13 (8) of th ...
Debts Recovery Appellate Tribunal, Kolkata Bench
Farooq Ali Vs Asrec (India) Limited
.... Appellant would submit that the appeal is filed well within time. Further, it is submitted that when the Learned DRT has arrived at a finding that the SARFAESI Application was filed beyond time then findings on merits of the matter should not have been arrived at. 7. Learned Counsel for Re ...
Debts Recovery Appellate Tribunal, Kolkata Bench
Sri Srikanth Reddy Kasu Vs Bank of India
.... authorised officer exercising the power of sale shall issue a certificate of sale of the immovable property in favour of the purchaser in the form given in Appendix-V to these rules. (7) Where the immovable property sold is subject to any encumbrances, the authorised officer may, if he thi ...
Debts Recovery Appellate Tribunal, Kolkata Bench
M/s Amir Traders & Ors Vs Bank of Baroda & Ors
.... , physical possession was taken on 08.01.2020. Challenging the Sarfaesi action under Sec. 17 of the SARFAESI Act, S.A. No. 525 of 2019 was filed. Meanwhile, Original Application (O.A.) No. 777 of 2018 filed by the bank was allowed by the D.R.T. vide judgment and order dated 30.11.2022 directing ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Adarsh Co operative Bank Ltd Vs Chandresh Navinchandra Jani
.... the Sarfaesi measures were quashed and set aside by the D.R.T. vide impugned order dated 26.06.2023 holding that the demand notice under Sec. 13(2) dated 14.03.2022 was defective and invalid. The Appellant is aggrieved and hence, in appeal. 5. The Appellant contends that the D.R.T. went wro ...
Debts Recovery Appellate Tribunal, Mumbai Bench
IFCI Bank Ltd Vs Rainbow Papers Ltd. & Ors
.... of misrepresentation, fraud or suppression of facts. In the absence of such a finding, it will be improper to punish a litigant with exemplary costs. It was also observed that at all events, the power to levy exemplary costs should be used sparingly to advance justice. It should not be threateni ...
Debts Recovery Appellate Tribunal, Mumbai Bench
M/s Wanganga Rice Mill and Ors. Vs State Bank of India and Ors
.... d decide the question with regard to pre-deposit in the light of judgment passed by the Hon’ble High Court, Allahabad in the case on Gopal Ji Gupta Vs. Debts Recovery Appellate Tribunal, Allahabad through its Chairman and Ors, AIR 2013 Allahabad 175. In view of the judgment passed by the H ...
Debts Recovery Appellate Tribunal, Allahabad Bench
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