Anil Srivastava v. Dena Bank and 2 Ors.
Case brief
What is this about?
The appellant challenged the Tribunal's liberty to initiate fresh proceedings, arguing the matter was time barred and no loan was advanced. The single judge listed the case for argument on waiver.
What the court decided
A compact analysis
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Appeal Dy. No. 440/2019 Date: 21.02.2023
Anil Srivastava Vs. Dena Bank & Ors.
Present: Shri Ashutosh Sharma, counsel for the appellant, None for the respondents,
Learned counsel for the appellant submits that this is a matter of fraud and no debt is due against the appellant, as no loan was advanced by the Bank to the appellant. It is contended that the observation of the Tribunal below that the Bank is at liberty to initiate fresh proceedings, although the S.A. has been decided in favour of the appellant, is bad in law, as no fresh notice can be issued in view of the fact that the matter is time barred. It is further contended that on the objection of the appellant, the Bank has deferred the re-opened matter itself. The learned counsel prays for some time to argue further in the matter.
List this case on 10.05.2023 for waiver.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
3 issues framed by the court
Whether a fresh notice can be issued when the main matter is time barred.
Whether the appellate court is at liberty to initiate fresh proceedings following the decision against the bank.
Whether the appellant is entitled to more time to argue further before the waiver of the decision.
Parties & counsel
- appellant
Anil Srivastava
- respondent
Dena Bank
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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