Vyom Infra v. Catholic Syrian Bank Limited
Case brief
What is this about?
The Debt Recovery Tribunal allowed an appeal against a dismissal of a SARFAESI application. The appellate court held that the lower tribunal's order was a nullity because it lacked reasons, violating the principle that reason is the soul of justice. The order was set aside and remanded for a reasoned decision.
What did the court decide?
Impugned order dated 07.01.2020 set aside; Matter remanded to DRT to decide afresh after providing opportunity of hearing and passing a detailed reasoned order.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 25 of 2023
( Arising out of SA No. 212 of 2019 in DRT-1, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
18.07.2023
M/s Vyom Infra ... Appellants
-Vs-
The Catholic Syrian Bank Ltd. and ors ... Respondent
Mr. Nemani Srinivas, Learned Counsel for the Appellant None for the Respondent
THE APPELLATE TRIBUNAL :
Instant appeal has arisen against a judgment and order dated 07.01.2020 passed by Ld. DRT-1 Hyderabad dismissing the SA No. 212 of 2019.
2. Feeling aggrieved, SARFAESI Applicant has preferred the Appeal.
Issues for consideration
2 issues framed by the court
Whether the impugned order dismissing the SARFAESI application suffered from legal infirmity due to the failure of the Debt Recovery Tribunal to record reasons for its decision.
Whether the requirement to record reasons is mandatory for courts and quasi-judicial authorities to ensure judicial accountability and transparency.
Parties & counsel
- appellant
M/s Vyom Infra
- respondent
The Catholic Syrian Bank Ltd.
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
9 orders share this CNR
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