Punjab and Sind Bank v. Rohini Malhotra and Anr.
Case brief
What is this about?
The DRAT issued notice to respondents during a hearing on interim stay in an appeal against a Recovery Officer's order. The court did not grant the stay or restraint order at that time but listed the matter for further proceedings.
What the court decided
DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Appeal No. 113/2022 In Appeal No. 23/2018 Arising out of RC No. 55/2009 (DRT-II, Delhi)
Punjab & Sind Bank Vs Rohini Malhotra & Anr.
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 by all permissible modes, including affixation.
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 a restraint order should be issued to the Recovery Officer insisting on filing affidavit of satisfaction pending appeal before the Tribunal.
Parties & counsel
- appellant
Punjab & Sind Bank
- respondent
Rohini Malhotra & Anr.
Coram
Brijesh Sethi
Case details
As recorded by the court registry
All orders in this case
8 orders share this CNR
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