Allowed

Indian Overseas Bank v. Pramod Kumar Bajaj

DRAT15 Jun 2022REGULAR APPEAL/89/2019

Case brief

AI extract

What is this about?

The Appellate Tribunal allowed the appeal filed by Indian Overseas Bank. It set aside an order dated 26th August 2019 passed by DRT-1, Kolkata, which directed the Bank to submit certain details and produce original documents, holding that the requisite information was already on record.

What did the court decide?

The impugned order dated 26th August 2019 passed by DRT-1, Kolkata is set aside.

Indian Overseas Bank versus Pramod Kumar Bajaj — Banking and Recovery | DRAT (2022)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal No. 89 of 2019)

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(Arising out of O.A. 347 of 2019 in DRT-1, Kolkata)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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15.6.2022 Indian Overseas Bank … Appellant -VsPramod Kumar Bajaj … Respondent Ms. Aparajita Ghosh with Ms. Aditi Roy, Learned Counsel for Appellants

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None for Respondent

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THE APPELLATE TRIBUNAL :

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Instant appeal has been preferred against order dated 26^th August, 2019 passed by Learned DRT-1, Kolkata in O.A. 347 of 2019 (Indian Overseas Bank -vs- Pramod Kumar Bajaj & Others) wherein Learned DRT has issued certain directions to the Bank.

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Heard Learned Counsel for the Appellant and have gone through the records. Despite service, none appears to represent the Respondent.

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It appears that Learned DRT has issued certain directions regarding submission of details of LIC and Fixed Deposit, complete statement of account and first and latest/last stocks statement by the Appellant Bank. Appellant Bank was also directed to produce the original documents.

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As far as production of original documents are concerned, before passing of the impugned order, the same were produced by the Appellant before the Registrar for

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verification on 25^th July, 2019 and the original documents, after verification, were returned to the Bank.

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As far as the details of LIC and Fixed Deposits are concerned, they are already on record, which are appearing at pages 243 and 244 of the Volume II Paper Book.

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Thus, all the required information, as per direction of the Learned DRT, are already on record.

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Learned Counsel for the Appellant submits that the O.A. is pending before the concerned DRT and is at the stage of final hearing.

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Since all the materials are already on record before the DRT, the impugned order, dated 26^th August, 2019, could not be sustained and is liable to be set aside.

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O R D E R

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The Appeal, being Appeal No. 89 of 2019, is allowed. The impugned order dated 26^th August, 2019 is hereby set aside.

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Copy of the order be supplied to Appellant and the Respondent and a copy be also forwarded to the concerned DRT.

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File be consigned to Record room.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 15^th June, 2022 10/ac

Indian Overseas Bank v. Pramod Kumar Bajaj

Case brief

What is this about?

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Indian Overseas Bank v. Pramod Kumar Bajaj

Case brief

What is this about?

What did the court decide?

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