Chandra Lekha Singh v. Bank of Baroda
Case brief
What is this about?
The High Court, dismissing a transfer application, directed the Debts Recovery Tribunal to hear the applicant on the maintainability of the proceedings before passing any order on merits, noting a lack of prior hearing.
What did the court decide?
Direction to the Debts Recovery Tribunal, Lucknow to hear the applicant on the maintainability of S.A. No. 926/2022 before passing any order on merits.
What the court decided
Application Dy. No. 1564/2023 Date: 18.12.2023
Chandra Lekha Singh Vs. Bank of Baroda
Present: Shri Shadab Alam, counsel for the applicant, Shri Maneesh Mehrotra, counsel for the respondent-bank,
Heard the learned counsels for the parties.
Learned counsel for the applicant submits that the order on maintainability of proceeding dated 04.12.2023 passed in S.A. No. 926/2022 by the Presiding Officer, Debts Recovery Tribunal, Lucknow has been passed without hearing the applicant, who is the auction purchaser, but the same has been passed on the urgency application filed by the borrower. It is thus contended that one opportunity may be given to the applicant-Auction Purchaser, who has paid entire money to the Bank so that justice may be done between the parties.
Learned counsel for the respondent-Bank has no objection to the submission of the learned counsel for the applicant.
In view of the aforesaid, the present transfer application is disposed off with direction to the Tribunal below to hear the applicant on maintainability of the S.A. before passing any order on merits.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Whether the applicant as an auction purchaser has undergone a hearing before the Debts Recovery Tribunal on the maintainability of the proceedings.
Parties & counsel
- applicant
Chandra Lekha Singh
- respondent
Bank of Baroda
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
3 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court