Mr Bikash Sharma v. Hdfc Bank
Case brief
What is this about?
The Tribunal dismissed an appeal against an interim order dated 15.02.2022 in SARFAESI proceedings. The Court held that the appeal lacked merit as the lower court had not finally decided the matter and noted that the appellant could not claim moratorium benefits not applicable to non-impeaded parties.
What did the court decide?
The appeal was dismissed. No order as to costs.
What the court decided
Dy. No. 43 of 2022-DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No. 43 of 2022)
(Arising out of O.A. No. 209 of 2019 in DRT –1 Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
- Mr. Bikash Sharma of 76/1, Golaghata Road, Sreebhumi, South Dum Dum, Lake Town, North 24 Parganas, Pin -700048.
| -Versus- | …Appellants |
|---|---|
| 1. HDFC Bank Ltd., Department for Special Op Floor, 4, Clive Row, Kolkata -700001 |
erations, Jardine House, 1st … Respondent |
| Counsel for the Appellants Counsel for Respondent |
Mr. M.S. Tiwari, Learned Counsel with Ms. Sweta Podder, Learned Counsel for the Appellant. Mr. Nimish Mishra Learned Counsel with Ms. Kuheli Deb, Learned |
| Counsel for the Respondent |
|
| JUDGMENT : On |
24thMarch, 2023 |
THE APPELLATE TRIBUNAL :
Issues for consideration
3 issues framed by the court
Whether an appeal against an interim order granting time to the Bank to file opposition in SARFAESI proceedings is maintainable when the impugned order has not been finally decided.
Whether a challenge to an order under Section 14 of the SARFAESI Act passed by the District Magistrate can be raised in O.A. proceedings.
Whether the moratorium under Section 9 of the IBC Code applies to the appellant who was not impleaded as a corporate debtor in the appeal.
Parties & counsel
- appellant
Bikash Sharma
- respondent
HDFC Bank Ltd.
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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