Dismissed

Syed Saharab Ahamed v. Punjab National Bank

DRAT29 Jun 2022REGULAR APPEAL/15/2022

Case brief

AI extract

What is this about?

The Debts Recovery Appellate Tribunal dismissed a maintainability challenge to an appeal. The court held the appeal was not maintainable as the underlying application under Section 14 of the SARFAESI Act pending before the District Recovery Tribunal had not been effectively disposed of.

What did the court decide?

The appeal is dismissed; the District Recovery Tribunal is directed to dispose of the pending application along with the final hearing.

Syed Saharab Ahamed versus Punjab National Bank — Banking and Recovery | DRAT (2022)

¶1

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal No. 15 of 2022)

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(Arising out of S.A. 317 of 2019 in DRT-3, Kolkata)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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29.06.2022 Syed Saharab Ahamed … Appellant -Vs-

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Punjab National Bank … Respondent
Mr. Radhey Shyam Tiwari,
Learned Counsel for Appellant
Ms. Sharrmistha Pal, led by
Mr. Debasish Chakrabarti, Learned Counsel for the Respondent

¶7

THE APPELLATE TRIBUNAL :

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This appeal is preferred against a judgment and order dated 20^th September, 2021, passed by Learned DRT-3, Kolkata in S.A. 317 of 2019 wherein challenging the order passed District Magistrate under Section 14 of the Sarfaesi Act 2002,an application has been moved by the Appellant but the same was not disposed of and the matter was listed for final arguments.

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I have heard the Learned Counsel for the parties and have gone through the impugned order and find that an application was moved by the Appellant challenging the order of the District Magistrate. No effective order was passed by the Learned DRT rather it is noted that Respondent Bank submits that he will file reply to the I.A. and certain other observations were made regarding settlement issue. Thereafter Learned DRT posted the matter for final argument.

¶10

As far as procedural aspect is concerned, when an application is moved by a party to the proceedings, it should have been disposed of by the Learned DRT. In this matter while the interim application is pending; appeal is being preferred which itself is not maintainable

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since no effective order has been passed by the Learned DRT and hence the appeal is not maintainable.

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It is expected the Learned DRT would dispose of the application prior to final hearing of the S.A.

¶14

In view of the above, the appeal is devoid of merit and is liable to be dismissed. The appeal, being Appeal No. 15 of 2022, is dismissed. However, Learned DRT should dispose of the application along with final hearing.

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O R D E R

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The appeal, being Appeal No. 15 of 2022, is dismissed. However, Learned DRT should dispose of the application along with final hearing.

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No order as to costs.

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File be consigned to Record room.

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Copy of the order be supplied to Appellant and the Respondent and a copy be also forwarded to the concerned DRT.

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Order dictated, signed, dated and pronounced in open Court.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 29^th June, 2022 14/ac

Syed Saharab Ahamed v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

Syed Saharab Ahamed v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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