This order dismisses a writ petition challenging the Debt Recovery Appellate Tribunal's refusal to entertain an appeal due to failure to make a pre-deposit, noting the tribunal correctly rejected property surrender as a substitute.
The writ petition is dismissed in the terms that the DRAT's order declining jurisdiction was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~1
AALOK KHANNA AND ORS. ..... Petitioners
Through: Mr.Ashim, Vachher and Mr.Sumeet Shokeen, Advocates.
versus
STANDARD CHARTERED BANK ..... Respondent Through: None.
CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH
O R D E R % 14.11.2019
CM APPL. 47711/2019 (Exemption)
W.P.(C) 11614/2019 and C.M.No. 47710/2019 (Stay)
by putting the said property to sale and again approaching the DRAT with an appropriate application.
S. MURALIDHAR, J.
TALWANT SINGH, J.
NOVEMBER 14, 2019
mr
2 issues framed by the court
Whether the DRAT's rejection of property surrender as an alternative to pre-deposit was a valid ground for declining jurisdiction.
Whether the present writ petition should be allowed or dismissed given the DRAT's rejection of the alternative offer.
AALOK KHANNA AND ORS.
STANDARD CHARTERED BANK
SMURALIDHAR
TALWANT SINGH
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
