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DEBT RECOVERY APPELLATE TRIBUNAL
Justice G. Chandrasekharan, CJ
THE ASSISTANT GENERAL MANAGER, CORPORATION BANK – Appellant
Versus
M/S. YOJAKA INDIA PRIVATE LTD., Mr. NITHIN SHEETY, DEVI PRIYA KRISHNA PRASAD RAI – Respondent
| Table of Content |
|---|
| 1. judicial process appeals concerning possession under sarfaesi. (Para 1 , 2) |
| 2. arguments relating to the legality of possession and delegation. (Para 3 , 4 , 5) |
| 3. court's examination of adherence to previous orders and delegation. (Para 7 , 8 , 9) |
| 4. determination of the legality of possession by the village assistant. (Para 12) |
ORDER
2. First Respondent filed S.A. No. 59/2019 challenging the order dated 04.12.2018 passed by the Learned District Magistrate, Dakshina Kannada District in MAG (2) CR/358/2018/46846/C4 under Section 14 of the SARFAESI Act , 2002. In pursuance of this order, the Appellant Bank has taken possession of the property, the secured asset, therefore, 1st Respondent filed I.A. No.577/2019 in S.A. No. 59/2019 for restoration of the property since the possession was taken violating the status quo order passed by Hon’ble High Court. Learned Presiding Officer dealt with both I.A. No. 577/2019 and S.A. No. 59/2019 and passed an order on 12.04.2019. In the said order, Learned Presiding Officer passed order stating that impugned order dated 04.07.2018 passed by the Learned District Magistrate, Dakshna Kannada District in MAG (2) CR/358/2018/46846/C4 unde
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