State Bank of India v. M/S Magadh Colonisers Pvt. Ltd. and Ors.
Case brief
What is this about?
The court is seized of an appeal regarding the withdrawal of property attachment. It sustains the argument that the appeal is within the limitation period. The court orders maintenance of status quo, issues notices to respondents by speed and registered post, and lists the case for further proceedings.
What did the court decide?
Order stays removal or change in status quo of the property concerned; issues notices to respondents.
What the court decided
A compact analysis
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Appeal Dy. No. 301/2022 Date: 22.07.2022
State Bank of India Vs. M/s Magadh Colonizers Pvt. Ltd. and Ors.
Present: Shri Sandeep Arora, counsel for the appellant,
Learned counsel for the appellant submits that certified copy of the impugned order was uploaded on 25.05.2022 and the appellant applied on 27.05.2022. Thereafter, it was prepared on 01.06.2022 and delivered to the appellant on 02.06.2022, therefore, it is contended that the appeal is filed within limitation period.
Learned counsel for the appellant contends that there is likelihood of creation of third party interest in the property in question in view of the order impugned, by which the order passed by the Recovery Officer, DRT, Patna for withdrawing the attachment of property in question has been upheld by the Tribunal below.
In view of the above, till the next date of hearing, the status quo qua the property in question, as it exists today, be maintained by all the parties concerned.
Issue notices to the respondents by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.
List this case on 13.10.2022 for service.
Justice R. D. Khare Chairperson
Issues for consideration
2 issues framed by the court
Whether the appeal was filed within the limitation period considering the date of uploading the impugned order versus the date of preparation and delivery.
Whether the demands of maintaining status quo and issuing notices indicate a preliminary adjudication on the merits of the appeal.
Parties & counsel
- appellant
State Bank of India
- respondent
M/s Magadh Colonizers Pvt. Ltd.
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 091090003012022
- Topic
- Banking and Recovery
All orders in this case
11 orders share this CNR
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