M.A. No. 593 of 2015 in Appeal No. 246 of 2015. Case: Sheetal C. Shah Vs Bassein Catholic Co-operative Bank Ltd. and Ors.. Mumbai DRAT DRAT (Mumbai Debt Recovery Appellate Tribunals)

Case NumberM.A. No. 593 of 2015 in Appeal No. 246 of 2015
Party NameSheetal C. Shah Vs Bassein Catholic Co-operative Bank Ltd. and Ors.
CounselFor Appellant: Satish Shete i/b Upendra Mahadik, Advocates and For Respondents: B.A. Dlima, Advocate
JudgesA. Arumughaswamy, J. (Chairperson)
IssueCode of Civil Procedure, 1908 (CPC) - Section 59; Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 - Sections 13(2), 14
Judgement DateJanuary 15, 2016
CourtMumbai DRAT DRAT (Mumbai Debt Recovery Appellate Tribunals)

Judgment:

A. Arumughaswamy, J. (Chairperson)

  1. The appellant is the borrower. The appellant has filed M.A. No. 593 of 2015 i.e. application for waiver of deposit.

  2. The appellant has filed S.A. No. 141 of 2015 before the DRT-III, Mumbai and in that S.A. the appellant has filed I.A. No. 678 of 2015 i.e. application for seeking for interim relief restraining the respondent-Bank from taking physical possession of the secured asset scheduled to be taken on 30th April, 2015 and D.R.T.-III, Mumbai has dismissed the Interim Application No. 678 of 2015 vide order dated 30th April, 2015 against which the appellant has filed the present Appeal.

  3. The Banker has issued Section 13 (2) notice dated 24th January, 2013 to the borrower calling upon her to make payment of Rs. 35,81,523/-. Second notice calling upon dated 20th June, 2013 to make the payment of Rs. 31,75,502/- was issued to the borrower. Against that order, the party has filed writ petition before the High Court since the DRAT was not available. The Hon'ble High Court vide order dated 6th May, 2015 in Writ Petition (L) No. 1361 of 2015 granted two weeks status quo and thereafter vide order dated 20th May,. 2015 in Writ Petition No. 1172 of 2015 the High Court has extended the interim relief and thereafter by an order dated 17th June, 2015 passed by High Court in Writ Petition No. 1172 of 2015 the Banker has not handed over the possession and the contempt proceeding has taken against which the Banker has approached before the Hon'ble Supreme Court. The Hon'ble Supreme Court vide order dated 15th December, 2015 has directed to this Tribunal to decide the case on merits without influence of order of High Court.

  4. The appellant is the borrower. The Banker has issued Section 13(2) notice demanding Rs. 31,75,502/-. Thereafter, the appellant has filed Interim Application No. 678 of 2015 before the DRT-III, Mumbai.

  5. Before filing of S.A. before the DRT-III, Mumbai, the Banker has approached to the CMM Court, Mumbai and he has filed a case No. 270/SA/2014 and the CMM Court has allowed the application by passing an order dated 19th January, 2015 that the Assistant Registrar of Borivali Centre of Courts, Mumbai is appointed as the Court Commissioner to take possession of the secured asset and report the compliance within one month from the receipt of the writ of commission. Thereafter, on 8th June, 2015 fresh warrant of commission has been issued.

  6. Thereafter, because DRAT was not available the appellant has filed writ petitions before the High Court by way of Writ Petition (L) No. 1361 and later numbered as Writ Petition No. 1172 of 2015. In the Writ Petition No. 1172 of 2015 the Hon'ble High Court has passed the order as follows:

    "In Para-3-Page No. 2:

    In our view, the Bank should have given an adequate opportunity to the Petitioner and in the aforesaid peculiar facts and circumstances of the case, we direct the Bank to restore the possession within forty-eight hours. Place the...

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