Partly allowed

Bank of India v. Smt a Padma

DRAT22 Feb 2023REGULAR APPEAL/32/2023

Case brief

AI extract

What is this about?

The Tribunal allowed condonation of delay for the Bank of India's appeal against a single judge order dismissing a loan recovery petition, dismissing the Writ Petition filed earlier. It also granted a request to stay the directions for refunding the bid amount to the auction purchaser in the intervening order.

What did the court decide?

Condoned delay in filing appeal and allowed it; interim stay granted on refund of bid amount to auction purchaser.

Bank of India versus Smt a Padma — Banking and Recovery | DRAT (2023)

¶1

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

¶2

Diary No. 420 of 2022

¶3

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

¶4

22.02.2023 Bank of India … Appellant -VsSmt. A. Padma & 2 Others … Respondents Ms. Anindita Das, Learned Counsel for Appellant Mr. Pankaj Kumar Mukherjee, Learned Counsel for Respondents No. 1 & 2

¶5

Mr. Debasish Chakrabarti, Learned Counsel for Proforma Respondent No. 3/Purchaser

¶6

THE APPELLATE TRIBUNAL :

¶7

I.A. 340 of 2022

¶8

In this application Appellants have prayed for condonation of delay in filing the appeal.

¶9

The impugned order was passed on 8^th May, 2019; thereafter a Writ Petition, being W.P. No. 6203 of 2019, was preferred by the Appellant Bank before the Hon’ble High Court For The State of Telangana At Hyderabad which was decided on 20^th July, 2022 on the ground that remedy is available by filing appeal. Thereafter the appeal was filed.

¶10

Learned Counsel for the Respondent No. 1, however, opposed the prayer.

¶11

Going through the record and considering the facts and circumstances of the case, I find the ground, as made out in the application, is sufficient for condoning the delay in filing the appeal.

¶12

¶13

The application, being I.A. 340 of 2022, is allowed by condoning the delay in filing the appeal.

¶14

Appeal be registered by supplying regular appeal number.

¶15

I.A. 281 of 2022

¶16

In the writ petition an interim order was passed by the Hon’ble High Court on 26^th March, 2019 regarding suspension of the direction, contained in the impugned order 8^th March, 2019, for refund of the bid amount to the auction purchaser. Learned Counsel for the Appellant by filing the instant application, prays for some protection.

¶17

Accordingly, in the meantime, the direction contained in the order impugned, regarding refund of the bid amount to the auction purchaser, shall remain stayed.

¶18

The application, being I.A. 281 of 2022, is disposed of.

¶19

Opposition be filed by the Respondents within four weeks with advance copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.

¶20

List on 12^th June, 2023 for hearing.

¶21

(Anil Kumar Srivastava,J) Chairperson

¶22

Dated: 22^nd February, 2023 03/ac

Bank of India v. Smt a Padma

Case brief

What is this about?

What did the court decide?

Bank of India v. Smt a Padma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ghosh Brothers Automobiles(India) Pvt. versus Idbi Bank Ltd.

Ghosh Brothers Automobiles(India) Pvt. Ltd. versus Idbi Bank

Ms Vishal and Vishal versus Punjab National Bank

Canara Bank versus Ms Saha Wood Industries Prop Smt Sabita Saha

Unilife Medical Services Private Limited versus State Bank of India Guwahati

Unilife Medical Services Pvt. Ltd. and Ors. versus State Bank of India