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.
DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Appeal No.241/2022 Arising out of Appeal No.19/2022 (DRT-I, Delhi)
Suresh Chandra Sharma Vs Punjab National Bank & Ors.
19.10.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Sanjeev Bhandari along with Mr. Atul TN, Ld. Counsels for appellant.
Mr. R.P. Aggarwal along with Ms. Manisha Aggarwal, Ld. Counsels for respondent FI ISRAC.
Mr. Rohit Kumar, Ld. Counsel for respondent no.7 i.e. Union Bank of India.
This matter has been taken up by me through Video Conferencing.
The Ld. Counsel for appellant has drawn attention of this Tribunal to the order dated 06.10.2022 passed by Ld. PO, DRT-I, Delhi which runs as follows:-
“That since, as per the appellant, he court receiver has not given any notice for taking physical possession of the property in question, therefore, at this stage, there is no urgency in the present matter. However, it is made clear that the appellant is at liberty to move an application for early hearing, in case the appellant received the notice for taking physical possession of the property in question from the Advocate Commissioner/Court Receiver. Accordingly, list this case on 15.11.2022.”
(Emphasis supplied)
possession on 15.10.2022 and has taken an undertaking from the appellant that he will hand over the physical possession within 15 days. He has also lodged a police complaint to this affect on intervening night of 15-16/10.2022. He, therefore, prays that there is an apprehension that possession may be taken by the respondent bank at any time.
File be consigned to record.
(CHAIRPERSON)
N
Suresh Chandra Sharma
Punjab National Bank
FI ISRAC
Union Bank of India
Brijesh Sethi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court