Ramesh Gaikward v. Bank of Maharashtra

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

Diary No. 04 of 2023 (Arising out of O.A. 2211 of 2017 in DRT-II, Hyderabad)

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

17.01.2023 Ramesh Gaikward … Appellant -VsBank of Maharashtra & 3 Others … Respondents

Mr. Sujit Saha, Learned Counsel for Appellant

THE APPELLATE TRIBUNAL :

For Admission

Heard the Learned Counsel for the Appellant. This appeal is filed against impugned order dated 1^st December, 2022 whereby the Learned DRT-II, Hyderabad has dismissed the application filed by Appellant on the ground that the petitioner filed a third party Claim Petition No. 7 of 2021 in R.P. No. 316 of 2020 which is pending before Recovery Officer. This fact is suppressed in the petition. On the ground that as a third party the petitioner has no locus standi to move the Tribunal, the Learned Tribunal dismissed the petition.

Concealing of material fact itself is sufficient ground for dismissal coupled with the fact that the Appellant, a third party, has no locus standi to move the Tribunal, Learned DRT has not done any illegality in dismissing the matter, being M.A. 107 of 2020. The appeal, accordingly, is dismissed at the admission stage itself.