HIRALAL BAKARAM TAKWAT Vs. CENTRAL BANK OF INDIA
DEBTS RECOVERY APPELLATE TRIBUNAL
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Allah Raham, J. -
(1.) THIS appeal impugns the order dated December, 2008 passed by the then learned Presiding Officer, Debts Recovery Tribunal, Nagpur, whereby the appellants' application M.A. No. 31/2008 for condonation of delay was dismissed. It appears that Original Application No. 69/2001 was decided by the Presiding Officer on 22nd February, 2008. The Presiding Officer had also declared that the outstanding is secured by following mortgaged property of the defendant No. 5:
Plot No. 7 having total area of 5320 sq. ft. 76 feet North South and 70 Feet East West with house standing thereon, situated at Maouja Lendra, M. No. 368, Thak No. 183, PH No. 30/90, within the limits of Nagpur Municipal Corporation and Nagpur Improvement Trust, Nagpur.
LRs of D -3 are at liberty to pay the amount within there months for avoiding sale of the above property.
(2.) THE appellants herein claimed half share in the plot and on the basis of the claim the appellants filed application for review/modification/alteration of the judgment dated 22nd February, 2008 passed by the DRT. This application was filed in April, 2008. Application being M.A. No. 21/2008 was also filed for condonation of delay. The learned Presiding Officer heard learned Counsel for the parties and dismissed M.A. No. 31/2008.
(3.) AGGRIEVED against aforesaid order, the appellants have filed this appeal.;
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