Drt Spikes Writ Against Bank Of Maharashtra

The debt recovery tribunal (DRT) of Ahmedabad has rejected an application filed against Bank of Maharashtra (BoM) by Hasmukh Shah Enterprises and others seeking the reconsideration and correction of DRT's earlier decree passed on 26 May 2000 in favour of BoM.

Hasmukh Shah Enterprises, which is engaged in building and construction activities, had sought reconsideration of an order passed by the DRT, Ahmedabad in a civil suit filed by Bank of Maharashtra's main branch in Ahmedabad in 1994 for the recovery of defaulted dues to the tune of Rs 2.32 crore from the said builder.

The term loan by BoM was extended to Hasmukh Shah Enterprises for construction of a commercial complex 'Chinubhai Tower' on Ashram Road in Ahmedabad against securities, which included the mortgage of 95,697 sq feet of land of Avinash Estate Owners' Association.

After considering detailed arguments submitted on behalf of both the parties (the applicant and the defendant bank) as well as on the basis of the records placed before it, DRT found no valid reason and tenability of various pleas taken by the builder and finally rejected the latter's application.

While advocate Indravadan Parmar appeared on behalf of BoM, advocate Sonia Hurra represented the applicant.