Rekha Bhattacharjee v. State Bank of India
Case brief
What is this about?
The Debt Recovery Tribunal dismissed an intermediary application for default due to the appellant's non-appearance. Consequently, the pending appeal filed by Rekha Bhattacharjee against a DRT judgment was dismissed as not maintainable.
What did the court decide?
Interim order vacated; Appeal dismissed as not maintainable.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 657 of 2022
(Arising out of S.A. 793 of 2022 in DRT-III, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
03.02.2023 Rekha Bhattacharjee … Appellant -VsState Bank of India … Respondent
None for Appellant
Mr. Soudi Pal Choudhuri with Ms. Saswati Sikder, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
The matter is taken up in the revised list. None appears to represent the Appellant.
Accordingly, the I.A., being I.A. 439 of 2022 is dismissed on default.
As a result, the appeal, being Diary No. 657 of 2022, also stands dismissed; being not maintainable.
Interim order, if any stands vacated.
Issues for consideration
2 issues framed by the court
Whether an appeal alleging maintainability issues should be allowed when the appellant's intermediary application is dismissed for default.
Whether an appeal can be sustained when the originating application is not represented before the tribunal.
Parties & counsel
- appellant
Rekha Bhattacharjee
- respondent
State Bank of India
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · February
- CNR
- 191090006572022
- Topic
- Banking and Recovery
All orders in this case
9 orders share this CNR
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