Ms Borna Mondal v. Bank of Maharashtra
Case brief
What is this about?
This appeal by a borrower challenges a DRT order denying interim protection against a bank's possession of secured assets. The DRAT held that since the underlying application was pending and not finally disposed of, there was no ground to interfere.
What did the court decide?
Interim orders stood vacated; the presiding officer DRT directed to decide the pending I.A. expeditiously.
What the court decided
Dy. No. 48 of 2022 -DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No. 48 of 2022)
(Arising out of S.A. No. 103 of 2020 in DRT –3 Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
- Borna Mondal, daughter of Jogesh Mondal, residing at first floor, North Side, K.M.C. Premises No. 170/132, N.S.C. Bose Road, Ward No. 98, P.S. Patuli, Kolkata -700040
…Appellants
-Versus-
- Bank of Maharashtra Jadavpur Branch, 1/426, Gariahat Road, Kolkata -700068
- The Authorized Officer, Bank of Maharashtra, carrying out function from Mcloyd House, 3, N.S. Road, Kolkata -700001. … Respondent Counsel for the Appellants Mr. Ranjan Kali, Learned Counsel Ms. Mili Saha, Learned Counsel for the Appellant Counsel for Respondent Mr. Sourav Kr. Mukherjee, Learned Counsel, Ms. Falguni Jana, Learned Counsel for the Respondent JUDGMENT : On 22nd June, 2023
Issues for consideration
2 issues framed by the court
Whether the appellate court can interfere when the underlying application for interim protection is pending before the lower DRT.
Whether reasons are required at the stage of incarcerating objections to an interim protection application rather than at final disposal.
Parties & counsel
- appellant
Borna Mondal
- respondent
Bank of Maharashtra Jadavpur Branch
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 191090000482022
- Topic
- Banking and Recovery
All orders in this case
9 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court