Jaysree Paul v. Union Bank of India
Case brief
What is this about?
The DRAT dismissed the appeal filed against an order refusing interim relief in a SARFAESI application. The Tribunal held that the Appellant lacked clean hands for concealing facts regarding a mortgage taken by her father and grandmother, finding no grounds to interfere with the DRT's order.
What did the court decide?
The appeal was dismissed. No interim relief was granted in the underlying application.
What the court decided
Diary No. 47 of 2022-DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 47 of 2022)
(Arising out of S.A. 131 of 2022 in DRT-3, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Jayasree Paul, daughter of Late Mrinmoy Paul, residing at 0-110-7, Dewan Bagan Lane, Garden Reach S.O., P.S. Metiabruz, Kolkata – 700 024.
… Appellant
-Versus-
- Union Bank of India, “Alepe Court”, 1st Floor, 225C, .J.C. Bose Road, Kolkata – 700 020;
- The Authorised Officer, Union Bank of India, New Alipore Branch, P-539, New Alipore, Block-N, 1st Floor, Kolkata – 700 053;
- Tanmoy Paul, 0-110-7, Dewan Bagan Lane, Garden Reach S.O., P.S. Metiabruz, Kolkata – 700 024.
Issues for consideration
3 issues framed by the court
Whether the Tribunal can interfere with the Debts Recovery Tribunal's refusal to grant interim relief in a SARFAESI application.
Whether the Appellant can maintain a SARFAESI application when concealing material facts regarding the mortgage of the mortgaged property.
Whether I.A. 513 of 2022 was properly disposed of by the impugned order.
Parties & counsel
- appellant
Jayasree Paul
- respondent
Union Bank of India
- respondent
Tanmoy Paul
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · September
- CNR
- 191090000472022
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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