Appeal against DRT order dismissing SARFAESI application. Tribunal noted non-joinder of borrower as a necessary party due to fraud allegations. Appellants directed to pay costs and file application to implead borrower.
Appellant directed to pay Rs. 10,000 costs and file application to implead borrower within two weeks.
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
Appeal No. 33 of 2021
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
24.03.2023 N. Dilip Kumar & Another … Appellants -VsSouth Indian Bank & Another … Respondents Mr. V.V. Ramana, Learned Counsel for Appellants Mr. Anirban Pramanick with Ms. Subhasree Dey, Learned Counsel for the Respondent No.1/Bank
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the parties and perused the record.
Instant appeal has been preferred against order, passed by DRT-1, Hyderabad in SARFAESI Application No. 235 of 2019, dated 22nd June, 2020 dismissing the SARFAESI Application filed by the Appellants.
A bare perusal of the pleadings will show that the Appellants have leveled allegation against the alleged borrower for committing fraud upon the Bank by mortgaging the property which did not belong to them; rather, it belongs to the Appellants.
Borrower was not made a party before the DRT and in this appeal also. It is a case of non-joinder of necessary party. Appellants are seeking relief leveling allegations
2
against a person who is not even given an opportunity of hearing either before the Learned DRT or before this Tribunal.
At this stage, Learned Counsel for the Appellants prays for impleading the borrower as a Respondent.
This matter is pending since 2019 before the Learned DRT. It appears that Appellants are litigating a luxurious litigation. However, the borrower is a necessary party. Appellants are directed to make payment of Rs. 10,000.00 (Rupees ten thousand) only towards costs to be deposited with the State Legal Services Authorities, West Bengal.
Appellants may file appropriate application within two weeks with copy to the Respondents who may file reply within two weeks thereafter.
List on 27th June, 2023.
(Anil Kumar Srivastava,J) Chairperson
Dated: 24th March, 2023 18/ac
N. Dilip Kumar & Another
South Indian Bank
Another
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
