Disposed

Canara Bank v. Sri Sai Krishna Chilakuri

DRAT11 Nov 2022MISC APPEAL/20/2022

Case brief

AI extract

What is this about?

Appeal against a stay order granted by the Debt Recovery Tribunal. The Tribunal directed the lower authority to decide the main pending appeal expeditiously, setting a three-month timeline, rather than deciding the current interlocutory appeal on merits.

What did the court decide?

Remitted the matter below with a direction to dispose of the main appeal within three months; current appeal disposed of with no order as to costs.

Canara Bank versus Sri Sai Krishna Chilakuri — Execution and Attachment | DRAT (2022)

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MA 20/2022

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

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Dated the 11^th Day of November, 2022

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PRESENT: Hon’ble Mr. Justice S. Ravi Kumar CHAIRPERSON

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MA 20/2022

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(IA 2396/2021 in D.No.1907/2021 on the file of DRT-I, Bengaluru)

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Between

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The Branch Manager, Authorised Officer, Canara Bank, P.J. Extension Branch, Davanagere Taluk, Davanagere District, Davanagere 577 002.

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……Appellant

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And

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Sri Sai Krishna Chilakuri S/o C. Nageshwara Rao, R/o Shyagale Village, Davanagere Taluk,

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District: Davangere 577 002.

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Sri Raju Chilakuri, S/o C. Nageshwara Rao, R/o 5^th Main, Vivekananda Layout, Davanagere Taluk,

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District: Davangere 577 002.

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Smt. Roopal Chilakuri, W/o Sri Raju Chilakuri, R/o 5^th Main, Vivekananda Layout, Davanagere Taluk, District: Davangere 577 002.

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MA 20/2022

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Sri M. Vishnuvardha Reddy, S/o Sri Raghurami Reddy, Near Anjaneya Swamy Temple, Vidhyanagar, Davanagere.

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Sri A. Ramesh, S/o Sri Kondaiah Akula, R/o D.No.1854/10, 3^rd Main, Swamy Vivekananda Layout, Devanagere Taluk, District: Davangere 577 004.

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…Respondents

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Counsel for Appellant Bank : M/s S. Kesavan & Co.

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Respondents remained ex parte.

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ORDER

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This Appeal is preferred under Section 20 of the Recovery of Debts Due

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to Bank and Financial Institution Act, 1993 against order dated 31.3.2022 in IA

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2396/2021 in D.No.1907/2021 on the file of DRT-I, Bengaluru.

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Respondents, in spite of service of notice, remained absent and set ex

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parte .

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Heard advocate for appellant bank.

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From the submission of advocate for appellant bank, this appeal is

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preferred against stay granted by Tribunal below in IA 2396/2021 in

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D.No.1907/2021. This D.No.1907/2021 is an Appeal filed under Section 30 of

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MA 20/2022

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RDDB & FI Act against orders of Recovery Officer confirming sale held on 29.10.2021. Admittedly, main appeal is still pending and rights of parties have

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to be ultimately decided in the main appeal but not at interlocutory stage.

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Considering these aspects and without going into merits and demerits

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of the case and correctness of impugned order dated 31.3.2022, I deem it appropriate to direct Tribunal below to decide the main case, i.e., Appeal filed under Section 30 of RDDB & FI Act in D.No.1907/2021 as expeditiously as possible, preferably within a period of three months from the date of receipt of copy of this order, by giving opportunity to both parties. Both parties shall co-operate with Tribunal below in disposal of said Appeal, as per direction of

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this Tribunal.

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Appeal MA 20/2022 is disposed of, accordingly. There will be no

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order as to costs. All pending IAs, if any, stand closed.

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[Dictated to Steno(SN), transcribed by him, corrected, signed and pronounced by me in open court, this 11^th Day of November, 2022]

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Sd/- [ Justice S. Ravi Kumar ] CHAIRPERSON

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Canara Bank v. Sri Sai Krishna Chilakuri

Case brief

What is this about?

What did the court decide?

Canara Bank v. Sri Sai Krishna Chilakuri

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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