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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
1.This Appeal is filed against the order passed in I.A. No. 577/2019 in S.A. No. 59/2019 challenging a portion of the order dated 12.04.2019 by Learned Presiding Officer, DRT-I, Bengaluru.
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,
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