M/s Arham Exim Pvt. Ltd. & Ors. v. Bank of Baroda
Case brief
What is this about?
Appeal Court directed parties to produce the impugned DRT order to ascertain if there was a clear admission requiring dismissal of the appeal in limine.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Appeal No. 194/2015
Between
M/s Arham Exim Pvt. Ltd. & Ors. … Appellant/s V/s.
Bank of Baroda
…Respondent/s
Mr Rajesh Nagory, i/b Ms Sanjana Ghogare, Advocate for Appellants.
Mr Anant B. Shinde, i/b M/s A. B. Shinde & Co, Advocate for Respondent Bank.
-: Order dated: 21/12/2022:-
After having heard both sides for some time, it is seen that the impugned order in the S.A. No. 30/2012 on the files of Debts Recovery Tribunal No. III, Mumbai was disposed of on the basis of certain admissions purportedly made by the Appellant.
- The learned counsel for the Respondent Bank submits that as per sub-section 2 to Sec. 20 of the RDB Act, no appeal would lie from an order made by the Tribunal with the consent of the parties. The said provision would also be applicable to the Securitisation Applications and therefore, this appeal is not maintainable and has to be dismissed in limine.
Issues for consideration
1 issue framed by the court
Whether an appeal lies from an order made by the Tribunal with the consent of the parties under RDB Act Sec. 20.
Parties & counsel
- appellant
M/s Arham Exim Pvt. Ltd. & Ors.
- respondent
Bank of Baroda
Coram
Ashok Menon
Case details
As recorded by the court registry
All orders in this case
8 orders share this CNR
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