Sasikala v. Indian Bank
Case brief
What is this about?
The debt recovery appellate tribunal held the appeal not maintainable as the proper remedy is a chamber appeal before the Registrar of the lower DRT, advising the appellant to correct the procedural lapse.
What did the court decide?
Appeal was not maintainable and was dismissed.
What the court decided
A compact analysis
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 DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
A.IR:1449/2023
Sasikala V/S Indian Bank
27/10/2023
Appellant counsel present. From the office objection, it is noted that Appeal is filed against the order passed by Ld. Registrar, DRT Coimbatore on 20/07/2023 declining to register the IA Diary No.55/2023 in RP No. 822/2019 in TRC No. 458/2019 under Rule 5 (4) of the DRT (Procedure) Rules 1993.
As per DRT (Procedure) Rules, 1993 an Appeal against the order of Registrar shall be made within 15 days of such order to the Presiding Officer concerned in his chamber under Rule 5 (5). Accordingly Appellant is advised to submit Chamber Appeal before Hon’ble Presiding officer DRT Coimbatore in first instance.
Therefore this present Appeal is not maintainable and hence Declined under Rule 6 (4) of the DRAT (Procedure) Rules 1994.
Sd/Registrar
Issues for consideration
1 issue framed by the court
Whether the appeal against the order declining to register IA filed in the DRT was maintainable.
Parties & counsel
- appellant
Sasikala
- respondent
Indian Bank
Coram
Registrar
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · October
- CNR
- 331090014492023
- Topic
- Banking and Recovery
All orders in this case
2 orders share this CNR
- Order 1 — this page · R. Sathyanarayanan
- Order 2 · Drat Chennai
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