In mercy to an applicant suffering from kidney problems, this court ordered the Debts Reconstruction Tribunal at Allahabad to dispose of a pending Special Application within three months.
Directions issued to the Debts Reconstruction Tribunal to decide Special Application No. 918/2018 within three months.
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Misc. Application Dy. No. 259/2022 Date: 04.08.2022
Sanjay Kumar Chakrawarti Vs. Allahabad Bank
Present: Shri Rajneesh Kesharwani, counsel for the applicant, Heard the learned counsel for the applicant.
The present application has been filed by the applicant under section 17(6) of the SARFAESI Act seeking direction for expeditious disposal of the S.A. No. 918/2018 pending before the DRT, Allahabad.
Learned counsel for the applicant submits that the aforesaid S.A. was filed in the year 2018, which is being adjourned on one pretext or the other and the next date fixed before the Tribunal below is 23.08.2022. It is further contended that the applicant is suffering from kidney problem and is running through Dialysis and is also residing out of his house with two daughters, therefore, learned counsel prays that the Tribunal below may be directed to decide the aforesaid S.A. within the time as stipulated by this Tribunal.
Considering the submissions of the learned counsel for the applicant and the fact that the said S.A. is pending since 2018 and the applicant is suffering from the Kidney problem, the Presiding Officer, DRT, Allahabad is directed to consider and decide the S.A. No. 918/2018 most expeditiously in accordance with law, preferably within three months from the date of production of certified copy of this order.
In the above terms, the application filed by the applicant stands disposed off.
A copy of this order be sent to the parties as well as to the DRT concerned and be also uploaded on e-DRT portal.
Justice R. D. Khare Chairperson
VN Giri
2 issues framed by the court
Whether orders should be issued to ensure expeditious disposal of a pending Special Application before a Debt Recovery Tribunal given the applicant's medical condition.
Whether to direct the Debts Reconstruction Tribunal to decide the underlying application within a specific timeframe.
1 provisions across 1 enactments
Sanjay Kumar Chakrawarti
Allahabad Bank
R. D. Khare
VN Giri
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
