Appeal regarding stay of Recovery Officer's proceedings. Bench directed Recovery Officer not to insist on affidavit of satisfaction or calculation sheet of recovery under modified R.C. pending hearing.
Direction issued to Recovery Officer to refrain from insisting on affidavit of satisfaction and calculation sheet of recovery until next hearing.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Appeal No. 117/2022 IN Appeal No. 19/2018 Arising out of RC No. 55/2009 (DRT-II, Delhi)
Punjab & Sind Bank Vs Naveen Jain
02.09.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Rajinder Wali, Ld. counsel for appellant
Mr. Pallav Saxena, Ld. counsel for respondent
This matter has been taken up by me through Video Conferencing.
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. The learned Recovery Officer 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.
The learned counsel for the respondent, on the other hand, objects to the granting of any interim relief and states that the learned DRT has rightly decided the O.A. and, therefore, no direction needs to be issued to the Recovery Officer.
Learned counsel for appellant states at bar that even the bank is not going to take any action against the respondent so long as this appeal is pending before this Tribunal.
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In view of above, it will be in the interest of justice to direct the Recovery Officer not to insist that the bank should file affidavit of satisfaction and calculation sheet of recovery as per the modified R.C. till the next date of hearing before this Tribunal.
(CHAIRPERSON)
-pk
1 issue framed by the court
Whether the Recovery Officer should be restrained from insisting on filing affidavit of satisfaction for modified R.C. pending appeal.
Punjab & Sind Bank
Naveen Jain
Brijesh Sethi
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
