Disposed

Vijay Kumar Singh and Anr. v. Union Bank of India

DRAT25 Sept 2023REGULAR APPEAL/37/2023

Case brief

AI extract

What is this about?

In Appellate Tribunal proceedings, the bench permitted the appellant to retrieve moveables, including a police uniform, from assets under the respondent bank's physical possession, requiring preparation of an inventory.

What did the court decide?

The appellant is permitted to take back the moveables, including the uniform, from the secured assets in the presence of an Authorised Officer and two independent witnesses upon making an inventory.

Vijay Kumar Singh and Anr. versus Union Bank of India — Banking and Recovery | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Appeal No. 37 of 2023

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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25.09.2023 Mrs. Pammi Singh … Appellant -VsUnion Bank of India & Another … Respondents

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Mr. Nimish Mishra with Mr. Aditya Mishra, Learned Counsel for Appellant

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Mr. Ranajit Chowdhury, Learned Counsel Respondent Bank

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THE APPELLATE TRIBUNAL :

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Opposition filed by Respondent is taken on record. Rejoinder, if any, be filed within two weeks.

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Learned Counsel for Appellant submits that the husband of the Appellant is a Police Officer. Physical possession of the secured assets have been taken by the Respondent Bank. All the valuables, including uniform of the husband of the Appellant, etc., are lying in the secured assets hence the Appellant may be permitted to take back the moveables, including uniform and other items from the secured assets.

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Counsel for Respondent submits that the Appellant is a tenant. Physical possession is with the Bank.

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After considering the submissions made by the Learned Counsel for the parties, I am of the view that the Appellant may be permitted to take back the moveabales lying in the secured assets as they are not connected with this appeal.

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Accordingly, Appellant is permitted to take only the moveables, including the uniform, from the secured assets in presence of the Authorised Officer of the Bank and two independent witness of the locality. An inventory should be prepared which should be signed by the Appellant, the Authorised Officer of the Respondent Bank as well as the two independent witnesses. Copy of the same shall also be provided to the Respondent Bank. Appellant should visit the secured assets on the 30^th of September, 2023 at 11 a.m. Counsel for Respondent should communicate this order to the Respondent Bank as well as the Authorised Officer for compliance.

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List on 10^th January, 2024 for hearing of appeal.

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(Anil Kumar Srivastava,J) Chairperson

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Dated 25^th September, 2023 12/ac

Vijay Kumar Singh and Anr. v. Union Bank of India

Case brief

What is this about?

What did the court decide?

Vijay Kumar Singh and Anr. v. Union Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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