The tribunal registered the appeal as regular. It granted time for filing opposition to an interim relief application. The court ordered maintaining status quo given potential third-party interest concerns.
Opposition to interim relief filed by Respondents No. 5 granted time; status quo maintained until next listing.
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. 506 of 2022
(Arising out of S.A. 20 of 2019 in DRT-II, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
02.02.2023 Mahishamardini Griha Nirman Private Limited … Appellant -VsIndian Overseas Bank & 6 Others … Respondents Mr. Prasenjit Pal with Mr. Ajit Kumar Keshari, Learned Counsel for Appellant Mr. Narayan Debnath, Learned Counsel for the Respondents No. 1 and 2/Bank
Ms. Aparajita Rao with Ms. Ankana Basu, Learned Counsel for Respondents No. 3 and 4 Mr. Deepak Naga, Ms. Ansumala Bansal and Ms. Prarthana Singha Roy, Learned Counsel for Respondents No. 5, 6 and 7.
THE APPELLATE TRIBUNAL :
It appears that application under Section 5 of the Limitation Act was allowed on 29th September, 2022.
The appeal be registered as regular Appeal by supplying regular number.
Opposition to appeal, filed by Respondent No. 5, is taken on record. Learned Counsel submits that Respondents No. 6 and 7 are adopting the same.
Learned Counsel for Respondents No. 1 and 2 and 3 and 4 pray for, and is granted, two weeks time to file opposition with advance copy to the Appellant. Rejoinder, if any, be filed within a week thereafter.
2
Opportunity was given to the Respondents to file the objections against application for interim relief but no objections are filed rather time is sought for filing the objections. Learned Counsel for the Appellant submits that Respondents No. 6 and 7 may create third party interest in the property which may create complicities of legal proceedings hence interim protection may be granted. In such circumstances, I found it appropriate that parties should maintain status quo till the next date of listing.
List on 21st March, 2023 for hearing.
(Anil Kumar Srivastava,J) Chairperson
Dated: 2nd February, 2023 09/ac
2 issues framed by the court
Whether to maintain status quo pending opposition to interim relief in a transferable assets matter.
Whether to grant time for filing objections to the application for interim relief.
Mahishamardini Griha Nirman Private Limited
Indian Overseas Bank & 6 Others
Anil Kumar Srivastava
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
