Goutam Ghosh v. Bank of Baroda
Case brief
What is this about?
The Appellate Tribunal dismissed the appeal as infructuous because the secured property had already been sold under S.A.F.A.R.E.S.I. procedures, leaving no subject matter for the receiver to act upon.
What did the court decide?
Appeal and pending I.A.s dismissed as infructuous; interim order vacated.
What the court decided
A compact analysis
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 161 of 2021) (Arising out of O.A. 219 of 2010 in DRT-1, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
4.4.2022 Goutam Ghosh … Appellant -VsBank of Baroda … Respondent Bank Mr. Debabrata Basu Ray with Ms. Debdutta Chakraborty, Learned Counsel for Appellant Mr. K.N. Mukhopadhyay led by Mr. Samik Basu, Learned Counsel for Respondent Bank
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the parties and perused the record.
This appeal is preferred by Appellant against an order dated 4th February, 2021, passed by Learned Tribunal-3 as Link Officer of DRT-1 wherein receiver was appointed for preparation of inventory and valuation of the property.
At the very outset, the Learned Counsel for the Appellant submits that the order dated 4th February, 2021, passed by the Tribunal, below without giving opportunity of hearing to the Appellant, is an illegal order and against the law.
Learned Counsel for Respondent Bank submits that the property in question has already been sold under the
Parties & counsel
- appellant
Goutam Ghosh
- respondent
Bank of Baroda
Coram
ANIL KUMAR SRIVASTAVA
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 191090001612021
- Topic
- Banking and Recovery
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