Disposed

Union Bank of India v. Kolaparthi Satya Surya Venkateswara Rao

DRAT21 Apr 2022REGULAR APPEAL/38/2017

Case brief

AI extract

What is this about?

In this order, the Debts Recovery Appellate Tribunal at Kolkata directed the substitution of Respondent No. 1 as a legal heir of a deceased party. It issued procedural instructions regarding mandatory notes on pleadings and listed the matter for determining the application to condone delay in the appeal under Section 5 of the Limitation Act.

What did the court decide?

Substitution of Respondent No. 1 allowed as legal heir of deceased party; matter listed for disposal of application under Section 5 of the Limitation Act.

Union Bank of India versus Kolaparthi Satya Surya… — Company and Corporate | DRAT (2022)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal No.38 of 2017)

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(Arising out of O.A. 188 of 2010 in DRT, Visakhapatnam)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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21.04.2022 Union Bank of India … Appellant -vsKolaparthi Satya Surya Venkateswara Rao … Respondent Ms. Aparajita Rao, Learned Counsel for Appellant

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None for Respondents

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THE APPELLATE TRIBUNAL :

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

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It appear that the delay in filing the appeal was condoned vide order dated 29^th August, 2016 which was challenged before the Hon’ble High Court of Andhra Pradesh at Hyderabad by filing different writ petitions; being W.P Nos. 33580, 33597, 33624, 33672 and 33696 of 2016. All these writ petitions were allowed by the Division Bench vide order dated 6^th November, 2017. Matter was remitted to this Tribunal for consideration of the miscellaneous applications filed by Appellant.

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One of the observations made by the Hon’ble High Court is that one of the parties died on the 7^th of May, 2014; long before presentation of the Appeal.

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On 16^th July, 2014 Learned Counsel for the Appellant filed an affidavit before this Tribunal and submitted that Respondent No. 1, Kolaparthi Satya Surya Venkateswara

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Rao, who is already a party in the appeal, is the legal heir of Respondent No. 3, Kolaparthi Ramanamma, who died on 7^th May, 2014. Hence no objection is on record. Accordingly, the application for substitution is allowed. Let substitution be carried out by Appellant within a period of one week.

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It is observed that while carrying out substitution and/or amendments of the pleadings, noting by the concerned advocate, indicating that the amendment is being carried out in compliance of the order of the Tribunal, is missing. A note is required to be appended by the concerned lawyers. Henceforth, while carrying out any substitution and/or amendments, concerned lawyer should put a note mentioning that amendment is being carried out in compliance of the order of the Tribunal and put his/her signature with date.

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Let copy of this order be sent to the Registry for compliance in future.

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Since Respondent No. 1 is already a party in the proceedings, issuance of fresh notice is dispensed with.

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In compliance of the orders of the Hon’ble High Court of Andhra Pradesh at Hyderabad, as referred to above, list the matter on 13^th July, 2022 for disposal of the application under Section 5 of the Limitation Act.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 21^st April, 2022 08/ac

Union Bank of India v. Kolaparthi Satya Surya Venkateswara Rao

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Union Bank of India v. Kolaparthi Satya Surya Venkateswara Rao

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