The Debts Recovery Appellate Tribunal, Kolkata, allowed an application to implead auction purchasers as necessary parties in the appeal and directed notice issuance and exchange of pleadings within specified timelines.
Impleadment of auction purchasers in the appeal allowed with direction to amend and serve notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 51 of 2020) (Arising out of S.A. 103 of 2019 in DRT, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
03.08.2022 The Branch Manager, Indian Overseas Bank & Another … Appellants -Vs-
Sri Kanchustambam Venkata Satya Prasad & 2 Others … Respondents
Ms. Sangeetha Ghosh, Learned Counsel for the Appellant Bank
None for Respondents
THE APPELLATE TRIBUNAL :
Matter is taken up in the revised list. Learned Counsel for the Appellant Bank is present while none appears to represent the Respondents.
I.A. 08 of 2021
Instant application is for impleadment of Auction Purchasers in the appeal. No objection is filed. Since Auction Purchasers are necessary parties, amendment be carried out within seven days. Thereafter notice be served upon the newly added Respondents and Affidavit-of-service be filed within three weeks.
Application, being I.A. 08 of 2021, is allowed.
List on 4th November, 2022 along with Appeal No. 51 of 2020.
In the meantime opposition and rejoinder be exchanged.
(Anil Kumar Srivastava,J) Chairperson
Dated: 3rd August, 2022 08/ac
1 issue framed by the court
Whether auction purchasers should be impleaded as necessary parties in the appeal.
The Branch Manager, Indian Overseas Bank
The Branch Manager & Another
Sri Kanchustambam Venkata Satya Prasad
2 Others
Anil Kumar Srivastava
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
