Rajesh jain v. Indian Bank
Case brief
What is this about?
This is an appeal against a Tribunal order dated 17.07.2023 cited to make the appeal infructuous. The appellant deposited Rs. 16.00 lacs which the court ordered returned to him to be deposited directly with the Bank. The appeal was dismissed as infructuous.
What did the court decide?
Registry directed to return Rs. 16.00 lacs drafts to appellant for deposit with the Bank within a fortnight.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Appeal Dy. No. 892/2023 Date: 19.07.2023
Rajesh Jain Vs. Indian Bank
Present: Shri V. K. Shukla along with Shri Saurabh Paul, counsel for the appellant, Shri A. K. Srivastava, counsel for the respondent-Bank,
It is contended by the learned counsel for the respondentBank that in view of the order passed by the Tribunal below dated 17.07.2023, the present appeal has become infructuous, therefore, the same may be dismissed as such.
Learned counsel for the appellant submits that he has no objection to the submission of the learned counsel for the respondent-Bank, but he submits that at the time of filing of the present appeal, Rs. 16.00 lacs was deposited with the registry of this Tribunal through two demand drafts bearing no. 382514 dated 07.07.2023 for Rs. 11.00 lacs and no. 383103 dated 07.07.2023 for Rs. 5.00 lacs towards predeposit before the registry, which may be released in favour of the Bank.
It is informed by the court master that aforesaid demand drafts deposited by the appellant are still lying in the office. Therefore, the registry is directed to return the said demand drafts to the appellant, who shall deposit the amount of the said demand drafts with the respondent-Bank within a fortnight.
In view of the aforesaid, the appeal is dismissed as having become infructuous.
Justice R. D. Khare
Chairperson
Issues for consideration
2 issues framed by the court
Whether the appeal became infructuous upon the Tribunal below passing an order on 17.07.2023?
Whether pre-deposit of Rs. 16.00 lacs made by the appellant needs equitable adjustment?
Parties & counsel
- appellant
Rajesh Jain
- respondent
Indian Bank
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 091090008922023
- Topic
- Banking and Recovery
All orders in this case
3 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court