Allowed

D Ramesh v. Canara Bank

DRAT21 Apr 2023MISC APPEAL/1/2023

Case brief

AI extract

What is this about?

The Debts Recovery Appellate Tribunal allowed the instant appeal against an order of DRT-2 Hyderabad dismissing an interim protection application. The Tribunal set aside the impugned order and directed the DRT to decide the interim application after affording an opportunity of hearing.

What did the court decide?

The Debts Recovery Tribunal is directed to decide the interim protection application and ensure the parties are given full and adequate opportunity to be heard.

D Ramesh versus Canara Bank — Banking and Recovery | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(M.A. Appeal No. 01 of 2023)

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(Arising out of Dy. No. 111 of 2023 in No. 332 of 2022 in DRT -2 Hyderabad)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

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CHAIRPERSON

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(i) D. Ramesh, son of Late Rajia Raj resident of Plot No. 6, Road No. 8, Dhanalakshmi Society, Mahendra Hills, Marredpally, Secunderabad - 500026

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(ii) Smt. D. Padmaja, wife of Dr Ramesh resident of Plot No. 6, Road No. 8, Dhanalakshmi Society, Mahendra Hills, Marredpally, Secunderabad -500026

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(iii) Panati Pavan Kumar, son of Sri Panati Radha Krishna Reddy, resident of H.No. 985, Plot No. 270E/A, Road No. 10, Jubilee Hills, Hyderabad – 500033.

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… Appellant

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-Versus-

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(i) Canara Bank Mid Corporate Branch 6-3-1086, Vista Grand Towers, Raj Bhavan Road, Somajiguda, Hyderabad 50082 represented by its Authorised Officer and Assistant General Manager

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(ii) M/s Precision Electricals: A partnership firm, having its Corporate office at Plot No. 65, Women’s Co-operative Society Sri Krishna Nagar, Yousufguda, Ameerpet, Hydeerbad-500045, represented by its partner D.B. Prashant Rao son of Sri D. Shankar Rao

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Counsel for the Appellants Mr. Nemani Srinivas, Learned Counsel for the Appellant.

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Counsel for Respondent

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Mr. Omkar Ganguly, Learned Counsel, Ms. Mousumi Ganguly, Learned Counsel for the Respondent

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JUDGMENT : On 21^st April, 2023

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THE APPELLATE TRIBUNAL

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Instant Appeal has arisen against an order dated 18.01.2023 passed by the Ld. DRT-2 Hyderabad whereby the Ld. DRT has dismissed I.A. No. 68 of 2023 whereby an interim protection was sought for against an order under Section 14 of the SARFAESI Act. Subsequently, Ld. DRT allowed the amendment Application. As far as proceedings u/s 14 are concerned, heard the Learned Counsel for the parties and perused the record.

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2. At the very outset it appears that the SARFAESI Application was initially filed wherein subsequently order u/s 14 were issued. Appellant sought interim protection against that order without amending the petition. Learned DRT first dismissed the application for interim protection. Thereafter allowed the amendment application for incorporating the prayer regarding Section 14 of the SARFAESI Act.

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3. When the Ld. DRT was inclined to allow the amendment application regarding the orders u/s 14 of the SARFAESI Act then it would have been proper that after allowing the amendment application, application for interim protection should have been decided. However, in such circumstances, it would be appropriate that the impugned order should be set aside with a direction to the DRT to decide the application for interim protection being I.A. No. 68 of 2023 afresh expeditiously.

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Order

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Appeal is allowed. Ld. DRT is hereby directed to decide the I.A. No. 68 of 2023 expeditiously after affording an opportunity of hearing to the parties.

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File be consigned to Record Room.

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Copy of the order be supplied to Appellant and the Respondents and a copy be also forwarded to the concerned DRT.

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Copy of the Judgment/ Final Order be uploaded in the Tribunal’s Website.

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Order signed and pronounced by me in the open Court on this the 21^st day of April, 2023.

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(Anil Kumar Srivastava,J) Chairperson

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Dated 21^st April, 2023 15/tp

D Ramesh v. Canara Bank

Case brief

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D Ramesh v. Canara Bank

Case brief

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