K.M.THAKER

1. The petitioner, a Cooperative Bank, has brought under-challenge the order dated 31.08.2010 passed by the Debts Recovery Appellate Tribunal (hereinafter referred to as “the Appellate Tribunal”) in Appeal No.162 of 2010 whereby the Appellate Tribunal confirmed the order dated 25.05.2010 passed by the Debts Recovery Tribunal-II (hereinafter referred to as “the DRT”) in Application No.56 of 2010. The petitioner has also challenged the aforesaid order dated 25.05.2010 passed by the DRT.

1.1 While allowing the application filed by present respondent no.1, the DRT, vide the aforesaid order dated 25.05.2010, directed the petitioner-Bank to restore the possession of the disputed property in favour of the respondent no.1. The Appellate Tribunal, by the order dated 31.08.2010, confirmed the said order passed by the DRT. The petitioner-Bank is aggrieved by the said orders and directions. Hence, present petition.

2. The petition on hand raises the issue regarding the extent of the jurisdiction of DRT in the matter concerning disputes pertaining to secured asset in possession of / occupied by tenant.

2.1 Mr.Navin Pahwa, learned advocate has appeared for the petitioner-Bank