ramakrishnaiah muli v. State Bank of India
Case brief
What is this about?
The Debts Recovery Appellate Tribunal listed the application under Section 5 of the Limitation Act. The court refused a conditional prayer for a two-day adjournment but issued a notice for the next day to decide on the duration of time for filing the reply and the stay of the impugned order.
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.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 263 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
12.10.2023 Ramakrishnaiah Muli … Applicant
-VsState Bank of India & 2 Others ... Respondents
Mr. A.K. Dhandhania with Md. Dilawar Khan, Mr. Rahul Das and Md. Kamran Hussain, Learned Counsel for the Applicant
Mr. Pankaj Kumar Mukherjee, Counsel for Respondents No. 1 and 2/Bank
Mr. Nemani Srinivas with Mr. Rishav Gupta, Counsel for Respondent No. 3
THE APPELLATE TRIBUNAL :
Heard Mr. A.K. Dhandhania, Learned Counsel for Applicant, Mr. Pankaj Kumar Mukherjee for Bank and Mr. Nemani Srinivas for Respondent No. 3.
At the very initial stage, application under Section 5 of the Limitation Act was moved by the Learned Counsel for Appellant. During course of argument, the Appellant raised question about service of notice by publication , as recorded by the Learned DRT. Learned Counsel for Appellant prays for time to file supplementary affidavit with a prayer for adjourning the matter for two days only. Appellant cannot make a conditional prayer for adjournment of the matter for two days only. It is the prerogative of the Court to fix the
Issues for consideration
1 issue framed by the court
Whether time should be granted to the Applicant to file a supplementary affidavit regarding service of notice by publication and prayer for stay of the impugned order.
Parties & counsel
- applicant
Ramakrishnaiah Muli
- respondent
State Bank of India
- respondent
2 Others
Coram
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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