Disposed

Ms Harshini Educational Society v. Indian Bank Authorised Officer

DRAT25 Jul 2022REGULAR APPEAL/229/2013

Case brief

AI extract

What is this about?

The Debts Recovery Appellate Tribunal disposed of several interim applications including substitution of deceased respondents, appointment of guardian for minors, condonation of delay in filing a reply under the Limitation Act, and setting aside abatement. The tribunal fixed a future date for hearing the principal appeal.

What did the court decide?

Application for substitution allowed; appointment of guardian allowed; Section 5 Limitation Act application allowed; Order 22 Rule 9 and Section 151 CPC application allowed; appeal listed for hearing.

Ms Harshini Educational Society versus Indian Bank Authorised… — Banking and Recovery | DRAT (2022)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal No. 229 of 2013)

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(Arising out of S.A. 151 of 2011 in DRT, Visakhapatnam)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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25.07.2022 M/s. Harshini Educational Society … Appellant -VsIndian Bank … Respondent

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Mr. P. Sreenivas, represented by Ms. Swarnali Dutta Learned Counsel for Appellant

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Mr. Debasish Chakrabarti with Ms. Sharmistha Pal, Learned Counsel for the Respondent

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Mr. Nenami Srinivas, Learned Counsel Respondents No, 2 and 3

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THE APPELLATE TRIBUNAL :

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I.A. 70 of 2022

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This is an application for substitution of Respondents No. 2 and 3 who died during pendency of the appeal and prayed for substituting their legal heirs (1) Sri Muddhana Sambasiva Rao and (2) Sri Muddhana Vijay Krishna as Respondents No. 2 (a) and 2(b).

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Respondents have no objection, accordingly necessary amendment be carried out within a week.

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I.A. 70 of 2022 is allowed.

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Heard the Learned Counsel for the parties and perused the record.

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Application under Rule 32 of Civil Rules of Practice for appointment of Guardian for Respondents No. 9 and 10, who

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are minors is allowed. Their mother, Munddana Swathi, Respondent No. 4, is appointed as guardian of minor Respondents No. 9 and 10.

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Application under Section 5 of the Limitation Act for condonation of delay in filing the LR application for 2^nd Respondent is allowed.

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Application under Order 22 Rule 9 read with Section 151 of the C.P.C. for setting aside the abatement against Respondent No. 2 in filing the LR application is also allowed.

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Mr. Nemani Srinivas, undertakes to file power on behalf of substituted Respondents.

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Opposition, if any, be filed within a period of three weeks with advance copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.

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List on 5^th September, 2022 for hearing of the appeal.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 25^th July, 2022 05/ac

Ms Harshini Educational Society v. Indian Bank Authorised Officer

Case brief

What is this about?

What did the court decide?

Ms Harshini Educational Society v. Indian Bank Authorised Officer

Case brief

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What did the court decide?

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