Allowed

MD Akbar Ali Khan v. United Bank of India

DRAT26 Sept 2022REGULAR APPEAL/60/2022

Case brief

AI extract

What is this about?

In an appeal regarding a SARFAESI application, the Debt Recovery Appellate Tribunal allowed the appeal. The court extended an interim stay order that had expired due to the unavailability of the Presiding Officer, directing disposal of the replay application by the Debt Recovery Tribunal.

What did the court decide?

Interim stay order dated 24.12.2021 shall remain in force until disposal of the Replay application listed before DRT Siliguri on 3.11.2022.

MD Akbar Ali Khan versus United Bank of India — Banking and Recovery | DRAT (2022)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal No. 60 of 2022) (Arising out of T.S.A. No. 310 of 2017 in DRT Siliguri)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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26.09.2022 Md. Akbar Ali Khan … Appellant -VsPunjab National Bank ...Respondent Mr. Avik Banerjee, Mr. Joyjit Dutta, Learned Counsel for Appellant

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Mr. Debasish Chakrabarty, Ms. Sarmistha Pal, Learned Counsel for the Respondent

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THE APPELLATE TRIBUNAL :

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Heard the Learned Counsel for the parties. With the consent of the Learned Counsel for the parties, the matter is finally heard on merits. Impugned order dated 23^rd June 2022 passed in TSA No. 310 of 2017 wherein the interim order dated 25.01.2021 were not extended. From the record it appears that this order was in force till 24^th December, 2021. On 24.12.2021 and 13.04.2022, Presiding Officer was not available and the Registry adjourned the matter. So the interim order could not be extended.

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Learned Counsel for the Appellant submits that the interim order was not extended on the ground that on the date fixed i.e. on 23^rd June, 2022 it was not in force.

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Learned Counsel for the Respondent on the basis of instructions received submits that the Bank has not taken any coercive steps till date. At this stage, it would be appropriate to observe that the interim order was in force till 24^th December, 2021. Thereafter, it could not be extended as there was no Presiding Officer available on the date fixed. Till date, Bank has not taken any coercive steps.

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This SARFAESI Application was filed in the year 2015 which is still pending. In such circumstances, it would be appropriate that the interim order which was in force till 24^th December, 2021 should be extended for a limited period with a specific direction to the Ld. DRT to dispose of the Application for interim order I.A. No. 362 of 2020 on the date fixed. Accordingly, Appeal is liable to be disposed of.

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ORDER

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Appeal is allowed with a direction to the Appellant to serve the copy of I.A. No. 362 of 2020 within three weeks to the Respondent. If copy is already served, then no need to serve the copy. Respondent Bank would be at liberty to file the objections within two weeks from today with advance copy to the Appellant who may file the rejoinder within a week thereafter. Let this matter be listed before the Ld. DRT Siliguri on 3^rd November, 2022 for disposal of I.A. No. 362 of 2020. Till then, interim order dated 24.12.2021 shall

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remain in force. If any adjournment is sought by the Appellant on the date fixed, Learned DRT would be at liberty to vacate the interim stay order. Learned DRT should decide the S.A. expeditiously.

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Copy of the order be supplied to Appellants and the Respondents and a copy be also forwarded to the concerned DRT.

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File be consigned to Record room.

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Order signed, dated and pronounced in open Court.

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(Anil Kumar Srivastava,J) Chairperson

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Dated:26^th September, 2022

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7/tp

MD Akbar Ali Khan v. United Bank of India

Case brief

What is this about?

What did the court decide?

MD Akbar Ali Khan v. United Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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