Rudra Bhattacharya and Anr. v. Bank of India
Case brief
What is this about?
The DRAT-recalled and transferred the appellate matter from DRT-3 to DRT-1 due to non-compliance with High Court orders by the former forum. The Appellate Tribunal further warned the Assistant Registrar who filed an improper compliance affidavit.
What the court decided
Diary No. 448 of 2021 in DRAT, Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 448 of 2021)
(Arising out of S.A. 142 of 2015 in DRT-3, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
29.08.2022 Rudra Bhattacharya & Another … Appellants -VsBank of India … Respondent Mr. Rudra Bhattacharya, Appellant in person Mr. Ramesh Chandra Prusti with Mr. Sanjeev Das Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
Appellant in person, namely Sri Rudra Bhattacharya (hereinafter referred to as the Appellant) had filed an appeal under Section 18 (1) of the SARFAESI Act 2002 to quash the order dated 4th February, 2020 passed by Learned DRT-3, Kolkata whereby a cost of Rs.5,000.00 was imposed upon him and I.A. 162 of 2020 was disposed of as the matter is already listed on 24th February, 2020. Another prayer was made for expeditious disposal of I.A. 1090 of 2021 arising out of S.A. 142 of 2015.
2. The Hon’ble Calcutta High Court passed another order on 1st April, 2022 which reads as under:
Issues for consideration
3 issues framed by the court
Whether to transfer the record due to non-compliance and lack of appropriate Presiding Officer.
Whether interlocutory applications pending in the subordinate matter were properly disposed of.
Whether an affidavit of compliance filed by an Assistant Registrar constituted compliance when directed to the Presiding Officer.
Parties & counsel
- appellant
Rudra Bhattacharya
- respondent
Bank of India
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · August
- CNR
- 191090004482021
- Topic
- Banking and Recovery
All orders in this case
16 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court