The Debts Recovery Appellate Tribunal Delhi disposed of a miscellaneous application seeking directions to preponer the hearing of underlying appeals and ensure the bank's presence in the Debt Recovery Tribunal Delhi for effective adjudication.
DRT directed to decide appeals expeditiously within one month and ensure the bank is present.
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. Application No. 46/2022 Arising out of S.A. No. 144/2013 (DRT-III, Delhi)
Mamta Jain & Anr. Vs Allahabad Bank
26.08.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. SanjeevBhandari, Ld. counsel for the applicants
This matter has been taken up by me through Video Conferencing.
Misc. Application No.46/2022
This is an application seeking directions to the learned DRT-III, Delhi to prepone the hearing of the S.A. No.144/2013 titled as “Mamta Jain Vs. Allahabad Bank” and M.A. No.132/2019 in O.A. No.597/2014 tilted as “Allahabad Bank Vs. Munim Trading Company & Ors.” and dispose it of within one month. Learned counsel for the appellant has prayed that the matter needs to be decided on urgent basis in view of the fact that applicants are third parties having in possession all the original documents of title. He submits that vide letter dated 30.04.2022 issued by the office of the Sub-Registrar-IV (Seelam Pur), it has been clarified that documents issued on 07.08.1985 bearing the seal of SubRegistrar-IV of Delhi are genuine and the documents bearing seal of SubRegistrar North-East Seelampur issued on the same date i.e. 07.08.1985 have been found to be not registered in the said office, which are the documents being relied upon by the bank.
Learned counsel for the applicants further submits that the bank is not appearing in the DRT also. He, therefore, requests that DRT may be directed to ensure the presence of the bank so that there is effective adjudication in the matter.
In view of above, the present application is disposed of with a direction to the learned DRT to decide the S.A. 144/2013 and M.A. No.132/2019 expeditiously, preferably within one month. DRT shall also ensure the presence of the bank so that matter is adjudicated effectively.
(CHAIRPERSON)
-pk
Mamta Jain & Anr.
Allahabad Bank
Brijesh Sethi
As recorded by the court registry
4 orders share this CNR
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