Disposed

Ms Sangita Maity v. Shaila Motors and Others

DRAT26 May 2022REGULAR APPEAL/83/2022

Case brief

AI extract

What is this about?

The Debt Recovery Appellate Tribunal at Kolkata disposed of I.A. 86 of 2022. It granted three weeks to file opposition in I.A. 87 of 2022, ordered status quo in property possession/alienation pending the hearing fixed for 30th June 2022, and listed the matter with a connected appeal.

What did the court decide?

Time granted: three weeks to file opposition. Status quo ordered until 30.06.2022.

Ms Sangita Maity versus Shaila Motors and Others — Banking and Recovery | DRAT (2022)

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By Video Conference

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA I.A. 86 of 2022 (I.A. Diary 165 of 2022)

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And

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I.A. 87 of 2022 (I.A. Diary 166 of 2022) in (Diary No. 644 of 2021) (Arising out of S.A. 171 of 2020 in DRT-2, Kolkata)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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26.05.2022 Sangita Maity … Appellant -vsM/s. Shaila Motors Private Limited & 5 Others … Respondents Mr. Santosh Kumar Ray, Learned Counsel for Appellant

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Ms. Mitul Chakraborty and Mr. Debjit Mukherjee, led by Mr. Nimish Mishra, Learned Counsel for Respondents No. 1 to 4

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Ms. Anindita Das, Learned Counsel for Respondents No. 5 and 6/Indian Bank

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THE APPELLATE TRIBUNAL :

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I.A. 86 0f 2022

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I.A. 86 of 2022 is moved which is a put up application. Since the record is put up, the I.A. 86 of 2022 is disposed of.

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I.A. 87 0f 2022

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I.A. 87 of 2022 is an application filed by Appellants praying for stay of the order and judgment dated 15^th

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November, 2021 passed by the Learned Presiding Officer, DRT-2, Kolkata.

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At the very outset, it will be relevant to mention that the Hon’ble Division Bench of Calcutta High Court in an application, being CAN 1 of 2022, arising out of MAT 57 of 2022 (Shaila Motors Private Limited & Others -vs- Sangita Maity & Others) has passed the following order on 12^th May, 2022 which is reproduced below:

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“Having regard to the aforesaid circumstances of the case, we substitute the order of the learned Single Judge by directing that the parties will maintain status quo in respect of possession and alienation of the property in question existing as on today for a period of two weeks.

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The appellant will be at liberty to move to the DRAT for hearing of the pending application for stay within this period and we are hopeful that DRAT will duly consider the prayer so made by the appellant.

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In view of this order, nothing survives in the writ petition. Therefore, we grant liberty to the appellant to move before the learned Single Judge for withdrawal of the writ petition.

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We also make it clear that the DRAT will decide the appeal and also the application for stay on its own merit without being influenced by any observation made by this Court in the order passed in the present appeal.”

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Learned Counsel for the Appellant submits that the appeal is already fixed before this Appellate Tribunal for hearing on the 30^th of June, 2022.

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It is already on record that another appeal, being Diary No. 645 of 2021, filed by the Respondent Bank is pending before this Appellate Tribunal wherein defects have been rectified. The appeal be registered by supplying regular number.

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Learned Counsel for Respondent Bank submits that Affidavit-of-service is already on record and the other Respondents have already been served.

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In this appeal, Learned Counsel for Respondents No. 1 to 4 prays for and is granted three weeks’ time to file opposition; advance copy whereof be served upon the Appellant who may file rejoinder within ten days thereafter. In the connected Appeal, being Diary No. 645 of 2021, also Respondents may file opposition within three weeks with advance copy to the Appellant Bank; Bank may file rejoinder within a week thereafter.

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Till 30^th of June, 2022 the parties will maintain status quo, as existed on 12^th of May, 2022, (the day when Hon’ble Division Bench of the Calcutta High Court passed the order) in respect of possession and alienation of the property in question.

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I.A. 87 of 2022, thus, stands disposed of.

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List the matter on 30^th June, 2022 for hearing along with Diary No. 645 of 2021.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 26^th May, 2022 01/ac

Ms Sangita Maity v. Shaila Motors and Others

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Ms Sangita Maity v. Shaila Motors and Others

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