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DEBT RECOVERY APPELLATE TRIBUNAL - MUMBAI IA 250/2025 (Stay)

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Misc. Appeal No.i23/2017 I Dated :26.5.2025 Ld. Counsel for petitidnef/appellaht. Rl Bank and,R2 are present in vc.

This application Is'filed seeklng.stay in Misc. Appeal No.l23/2dl7.

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It ls the submission of Ld..Counsel for petitioner/appellaht thatph ;21.8.20.18, Hon'ble Chairperson, DRAT, Mumbai was pleased’to pass an orderthat Respondent No.2 shall maintain statu$;quo until further orders. Followihg:this order, Respondent N6..2 has taken steps’fbr transferring the shares and membership in his name: He filed an .application before Chairman/Secretary, Banasarl: Apartment Cooperative Housihg Society Ltd. This application .was rejected. He filed an appeal before Government of Maharashtra, Office of the Deputy. Registrar, Cooperative Societies. An. order, was passed in Appeal Np.22/2023 oh ■24,10.2024, allowing the appeal and directing Bansari Apartment. Cooperative Housing Society Limited, Plot No.28, Pali Naka, 30, Ya Road, Baiidra (West) Mumbai 400 050, should complete the proceedings (Registration of shares and making entries in the statutory registers,.etC;j;for-the membership and transfer of shares to .the Appellatn Mr. HarnMt Singh bassan for-Shop NoX-within a period of one month and •submif the. feportto this Office^

J This order, according to Ld. Counsel for appellant,, was-obtained behind the back of the 'appellant .and against 'the order passed.of Ld; Chainperson, DRAT, Mumbai dated 21.8.2018. Therefore, he I -seeks ah order restraining the'pesppndeht No.2 from taking any ..Gontd,/”

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further steps including transfer of membership and /or creating any third party interest in respect of Shop No.3, Ground Floor, Banasari Apartment CHSL, C.S.No.649, Plot No.28, 30,h Road, Pali i Naka, Gandara (West), Mumbai 400 500.

Ld. Counsel for first respondent bank submitted that very filing of SA Dy.No.941/2017 along with an application to condone delay in filing the SA in MA 145/2017 is blatantly in violation of law and abuse of process of law. Petitioner/appellant earlier filed SA No.406/2016 challenging the demand notice and possession notice on 13.12.2016. It is his further submission that when this SA was pending, sale notice dated 7.3.2017 fixing the sale on 24.3.2017 was issued. Petitioner/appellant filed an amendment application in IA 414/2017 for amending the prayer to facilitate the challenge to the sale notice dated 7.3.2017 and that amendment application was allowed by DRT subject to payment of court free on 24.3.2017. Since petitioner did not pay the court fee, the said amendment application was dismissed. Ld. Counsel further submitted that against the dismissal order, petitioner/appellant preferred an appeal before the DRAT, 1 Mumbai In Appeal No.19/2017. Hon'ble Chairperson directed the petitioner to deposit 50% of amount due on 4.5.2017. However, petitioner had not complied with the said order. Therefore, appeal was dismissed on 5.5.2017.. On 5.5.2017 itself, possession was taken. Sale was conducted on 11.5.2017 and second respondent was declared as the highest bidder. It is further submitted that sale certificate was issued on 11.5.2017 and possession was also delivered to the auction purchaser. I It is further submitted that against the dismissal order passed in Appeal No.19/2017, petitioner filed Writ Petition No.5656/2017 before the Hon'ble High Court of Mumbai. Hon'ble High Court directed the petitioner to pay Rs.50.00 lakhs and granted interim |^fi^$ontd./-

i relief; Meanwhile, .petitioner filed IA NO.953Z2017 before DRT .seeking'extension of time for payment of court fee 'and that application was .dismissed ph.30.6.2017 and the ;maih SA i.e.- SA. 406/2016 was also dismissb'd pn'the sartte day; Writ Petition No.5656/2017 was dismissed on-8.1.2018. Thereafter,,the present SA challenging the auction sale; along with condonatlph of. delay application in .M A ins/ZOiy^asiJjl^d^fias^jat was dismissed on .1 lO.lLlOl?-. Against the said order, this appeal