Punjab National Bank v. Mukesh Kumar
Case brief
What is this about?
The bench heard an appeal where the appellant sought to modify a DRT order. The court directed the appellant to serve notice to respondents within a week and listed the case for service notice. It stayed the effect and operation of the impugned order pending further orders. No substantive decision on the merits of the appeal was recorded in this interlocutory order.
What the court decided
A compact analysis
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Appeal Dy. No. 667/2023 Date: 12.07.2023
Punjab National Bank Vs. Mukesh Kumar & Anr.
Present: Shri S. K. Srivastava, counsel for the appellant,
Heard the learned counsel for the appellant.
The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 21.04.2023 passed by the DRT, Patna in M.A. No. 02/2023, whereby the sale has been set aside.
Shri Alok Rai, Advocate has put in appearance on behalf of the respondent-Auction Purchaser and submits that he has not been served with the copy of appeal. Learned counsel for the appellant submits that he shall serve the same upon the counsel for the respondent during course of the day, who may file reply by the next date fixed.
Learned counsel for the appellant submits that by way of order impugned, the earlier order passed in S.A. has been modified and stamp duty and other charges have been ordered to be paid by the Bank to the auction purchaser, which is bad in law. Let the learned counsel for the respondent file response by the next date.
Issue notice to the remaining respondents by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.
List this case on 13.10.2023 for service. Till then the effect and operation of the impugned order is stayed.
Issues for consideration
3 issues framed by the court
Whether notice to the remaining respondents is required and if the appeal is liable to be listed for reply.
Whether the impugned order requires a court to stay its effect and operation during the pendency of this appeal.
Whether service of appeal notice upon the auction purchaser is defective if he has not been served.
Parties & counsel
- appellant
Punjab National Bank
- respondent
Mukesh Kumar
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 091090006672023
- Topic
- Banking and Recovery
All orders in this case
3 orders share this CNR
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