Punjab and Sind Bank v. G K Jain and Ors.
What the court decided
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Appeal No. 109/2022 IN Appeal No. 14/2018 Arising out of RC No. 55/2009 (DRT-II, Delhi)
Punjab & Sind Bank Vs G.K. Jain & Ors.
02.09.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Rajinder Wali, Ld. counsel for appellant
None for the respondents
This matter has been taken up by me through Video Conferencing.
Let notice be issued to the respondents for the next date.
List on 23.11.2022 for further proceedings.
Learned counsel for the appellant prays for interim relief, i.e. stay of proceedings before the learned Recovery Officer. He states that in the R.C. proceedings the Recovery Officer is insisting upon filing affidavit of satisfaction along with calculation sheet of recovery as per the modified R.C. issued by the learned Presiding Officer and the matter is now listed before him on 03.09.2022. The learned counsel states that he had informed and requested the learned Recovery Officer not to insist upon the above direction for the reason that appeal is pending before DRAT and judicial propriety demands that he should not proceed further with the R.C. He has, however rejected his submission, stating that no stay order has been passed by the DRAT. Learned counsel, therefore, prays for issuance of restraint order.
Issues for consideration
1 issue framed by the court
Whether the Recovery Officer should be restrained from insisting on filing affidavit of satisfaction and calculation sheet of recovery pending the appeal.
Parties & counsel
- appellant
Punjab & Sind Bank
- respondent
G.K. Jain & Ors.
Coram
Brijesh Sethi
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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