The Tribunal directed the appellant bank to implead the auction purchaser as a necessary party respondent within a week. The auction purchaser was given time to file an opposition to the appeal.
Directing appellant bank to implead auction purchaser as party respondent within one week.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 49 of 2021
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
20.03.2023
Indian Overseas Bank & Anr.
… Appellants
-VsM/s. PAT Internartional & Ors.
… Respondents Mr. Onkar Ganguly, ld. Counsel for the appellant. Mr. P. Sil, ld. Counsel for the respondent.
THE APPELLATE TRIBUNAL :
Learned counsel for the respondent submits that auction purchaser has also assailed the impugned order by filing Appeal No. 85 of 2022. In this appeal auction purchaser has not been impleaded as party respondent. Learned counsel for the appellant submits that in the S.A. filed before DRT auction purchaser was not a party hence auction purchaser is not impleaded.
Auction purchaser is a necessary party and should be given opportunity of hearing. Accordingly, appellant bank is directed to implead auction purchaser as party respondent in this appeal within a week. Appellant shall serve copy of the appeal to the auction purchaser who may file opposition within three weeks thereafter with copy to the respondent as well as appellant who may file rejoinder.
Learned counsel for the auction purchaser in Appeal No. 85 of 2022 submits that the memorandum of appeal may be treated as opposition to the Appeal No. 49 of 2021.
List on 08.06.2023.
(Anil Kumar Srivastava,J) Chairperson
Dated: 20 March, 2023 21/pkb
2 issues framed by the court
Whether the auction purchaser is a necessary party to be impleaded in the appeal.
The procedural steps for impleading the auction purchaser and filing opposition.
Indian Overseas Bank & Anr.
M/s. PAT Internartional & Ors.
Auction Purchaser
Anil Kumar Srivastava
As recorded by the court registry
18 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
