The Appellate Tribunal dismissed an appeal filed by a bank challenging a DRT order granting status quo. The stay was issued because legal action under the SARFAESI Act against a deceased borrower had not been properly substituted with heirs.
Appeal dismissed at the admission stage. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
MA Dy. No. 609 of 2023
(Arising out of I.A. 2040 of 2023 in SA 643 of 2023 in DRT-III Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
12.09.2023
… Appellants
-Vs-
For Appellant :
Mr. Syed E. Huda, Learned Advocate. Ms. Kasthuri Dasgupta, learned Advocate.
For Respondent :
None
2
THE APPELLATE TRIBUNAL :
Heard learned counsel for the appellant bank at the admission stage itself and perused records.
3
learned DRT. No specific finding is recorded by the learned DRT. Simply an order of status quo is passed which is under challenge. When an issue regarding issuance of order u/s 14 of the Act against a dead person is pending for decision, then there is sufficient ground to pass an order of status quo till the next date of listing. I do not find any illegality in the impugned order. Accordingly, appeal being devoid of merit is liable to be dismissed.
O R D E R
5. Appeal is dismissed at admission stage. No costs.
File be consigned to record room.
Copy of the order be supplied to the appellant and the respondent and a copy be also forwarded to the concerned DRT.
Copy of the judgement/Final Order be uploaded in the Tribunal’s website.
Order dictated, signed and pronounced by me in the open Court on this the 12th of September, 2023.
(Anil Kumar Srivastava,J) Chairperson
Dated: 12th September, 2023 08/pkb
4
1 issue framed by the court
Whether a stay order passed under Section 14 of the SARFAESI Act against a deceased borrower constitutes an illegality warranting an appeal's dismissal.
2 provisions across 1 enactments
Kotak Mahindra Bank Ltd.
M/s. Headway Clearing & Forwarding Agency
Mr. Gourango Mukherjee
Mrs. Gayatri Banerjee
Anil Kumar Srivastava
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
