M/S Prakash Oil Depot v. Union Bank of India
Case brief
What is this about?
The Appeals Tribunal found the relief clause in the appeal defective as the appellant sought to issue a show-cause notice rather than setting aside the impugned order, noting the underlying order was not properly challenged.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl. Dy No. 718 of 2023
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
23.11.2023
… Appellants Vs.
Union Bank of India & Ors.
….. Respondents
For Appellant : Mr. Sudhir Kumar Senapati, ld. Advocate.
For Respondents :
THE APPELLATE TRIBUNAL :
Heard learned counsel for the appellant. Relief sought for in the appeal is under :
“An order calling for show cause from the respondents as to why the order passed on 18.05.2023 in S.A. No. 51 of 2021 by the learned DRT 1 Hyderabad would not be set aside and whether any cause is shown or not by the respondents to set aside the order as impugned hereinabove.”
Issues for consideration
2 issues framed by the court
Whether the appeal is maintainable when the relief sought is incorrect and the impugned order is not properly challenged.
Whether the Appeal Tribunal can proceed when the prayer in the appeal is defective.
Parties & counsel
- appellant
Appellants
- respondent
Union Bank of India & Ors.
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
4 orders share this CNR
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