Mahagaon Taluka Shetkari Sahakari ... vs Debts Recovery Tribunal, Nagpur Thr. ...
2024 Latest Caselaw 909 Bom

Bombay High Court

Mahagaon Taluka Shetkari Sahakari ... vs Debts Recovery Tribunal, Nagpur Thr. ... on 15 January, 2024

Author: M.S. Jawalkar

Bench: Avinash G. Gharote, Mukulika Shrikant Jawalkar

                                                                                       (1)                                                            66 wp 6715-2023

                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   NAGPUR BENCH AT NAGPUR


                                                          WRIT PETITION NO. 6715 OF 2023

Mahagaon Taluka Shetkari Sahakari Ginning and Pressing Factory, Mahagaon, through its President
                                             Vs.
                        Debts Recovery Tribunal, Nagpur and another
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Office Notes, Office Memoranda of Coram,                                                                                  Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                       Shri R.K. Thakkar, Advocate for petitioner
                                       Shri N.S. Deshpande, DSGI for respondent No.1



                                                                 CORAM : AVINASH G. GHAROTE AND
                                                                         SMT M.S. JAWALKAR, JJ.

DATE : 15.01.2024

The petitioner in Securitization Application No. 151/2018, which challenge the action of the bank under Section 13 (2) and 13 (4) of the SARFAESI Act had in pursuance to the order dated 07/08/2018, deposited an amount of Rs.3,00,000/-, with the Registrar D.R.T. on 16/08/2018, which was a condition for not taking further action by the bank (page No.15). Securitization Application No. 151/2018 has been allowed by the judgment dated 22/03/2019, whereby, the notices under Section 13 (2) and 13 (4), same notice and same certificate, which were sought to be quashed and set aside has been allowed (page 18). In pursuance to this judgment the petitioner made an application to the Presiding Officer D.R.T. Nagpur vide M.A. No. 71/2019, seeking withdrawal of this amount of Rs.3,00,000/-, which has been rejected by the (2) 66 wp 6715-2023

order dated 31/08/2023 (pg 32), on the ground that the deposit was without any protest.

2. Though, Mr. Deshpande, learned Counsel for respondent submits that there is an alternate remedy available, however, considering the nature of the plea we do not deem it appropriate to direct the petitioner to go there as the matter can be disposed of finally on account of the admitted facts as prevailing in the present petition. Whether the amount of Rs.3,00,000/- was deposited with or without protest is not germane, what is germane, is that Securitization Application No. 151/2018 has been allowed by quashing the notices under Section 13(2) and 13(4) of the SARFAESI Act and the consequent actions thereto. In view of which, any amount deposited by the petitioner in those proceedings will have to be returned back to him. Consequently, the petition is allowed. The Registrar D.R.T. is directed to refund the aforesaid amount to the petitioner within a period of two weeks from today, with accrued interest, if any, as it is claimed that the amount was kept in an F.D.R. Petition is accordingly allowed in the above terms. No costs.

                                                            JUDGE                            JUDGE



                                 Jayashree..




Signed by: Mrs. Jayashree Pethe
Designation: PA To Honourable Judge
Date: 16/01/2024 18:07:14