Ms Vishal and Vishal v. Punjab National Bank
Case brief
What is this about?
DRAT dismissed a Special Appeal against a DRT order that fixed a hearing and directed impleadment of an auction purchaser. The court found the appeal premature as merits were undecided at the lower level and transferred the matter to another DRT due to vacancy.
What did the court decide?
The appeal was dismissed; Special Appeal No. 764 of 2021 along with connected IAs were transferred from DRT-3 Kolkata to DRT-2 Kolkata for expeditious disposal.
1
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Appeal Dy No. 651 of 2022 (Arising out of S.A. No. 764 of 2022 in DRT-3 Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
01.03.2023
M/s. Vishal & Vishal Through Sri Debdas Dutta sole Proprietor having office at Itinda Road, PO & PS Basirhat, Dist North 24 Parganas, PIN – 743411.
… Appellant -Vs1. Punjab National Bank having its office at 48A, Jessore Road, Barasat, Near Seth Pukur, Kolkata – 700124. 2. The Chief Manager and Authorised Officer, Punjab National Bank, 24 Parganas North Circle, 48A, Jessore Road, Barasat, Near Seth Pukur, Kolkata – 700124.
… Respondents Mr. P. Sil, ld. Counsel with Mr. Subhadip Biswas, ld. Counsel with Mr. S. Chakraborty and Ms. P.A. Sharma, ld. Counsel for the appellant. Mr. Debasish Chakraborty, ld. Counsel with Ms. S. Pal, ld. Counsel.
THE APPELLATE TRIBUNAL :
Instant appeal has arisen against the judgement and order dated 23.09.2022 passed by learned DRT – 3 Kolkata in S.A. No. 764 of 2021 [M/s. Vishal & Vishal Vs. Punjab National Bank & Ors.] whereby learned Presiding Officer directed the respondent bank to furnish name of the auction purchaser as well as fixing the matter for further hearing on 21.12.2022 of the S.A. as well as I.A.
Issues for consideration
2 issues framed by the court
Whether the Special Appeal filed by the appellant is barred due to non-compliance with the High Court order and lack of specific relief regarding the District Magistrate order.
Whether the appeal is maintainable when the rights of the parties have not yet been determined by the learned District Recovery Tribunal.
Parties & counsel
- appellant
M/s. Vishal & Vishal
- respondent
Punjab National Bank
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · March
- CNR
- 191090006512022
- Topic
- Banking and Recovery
All orders in this case
7 orders share this CNR
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