Sunirmal Saha v. Uco Bank and Anr.
Case brief
What is this about?
In this order, the bench directed the concerned Authorised Officer of the respondent bank to file a personal affidavit explaining why a specific account number was included in the supplementary affidavit when the appellant was the borrower. The court granted time to the bank to seek instructions and listed the matter for further hearing if the affidavit proved insufficient.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 106 of 2022
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
06.10.2023
Sunirmal Saha and Anr
... Appellants -VsUCO Bank and Anr ……Respondents
Ms. Setu Das Roy with Ms. Suranjana Nandi, Learned Counsel for the Appellant Mr. S. Pal Chowdhury, Learned Counsel Ms. Saswati Sikder, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Rejoinder filed by the Appellant is taken on record. At the very outset Learned Counsel for the Appellant submits that three accounts have been shown in the supplementary affidavit filed by the Respondent Bank wherein account No. 2 is a Cash Credit Account while the account No. 3 is house loan. It is submitted that first account does not belong to the Appellant. Learned Counsel for the Respondent Bank also failed to explain the nature of account No. 1 and sought time to seek instructions.
Let the concerned Authorised Officer file his personal affidavit explaining as to how this account No.13950500051141 is mentioned in the supplementary affidavit when this loan was taken by the Appellant. If the
Issues for consideration
1 issue framed by the court
Whether the Authorised Officer must explain the inclusion of accounts belonging to third parties or whose nature is unclear in the supplementary affidavit filed in the Debt Recovery Proceedings.
Parties & counsel
- appellant
Sunirmal Saha and Anr
- respondent
UCO Bank and Anr
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
14 orders share this CNR
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