Smt Anita Agarwal v. Punjab National Bank
Case brief
What is this about?
In an appeal by the property buyer (Appellant) against the DRT order dismissing her application to recall a judgment finding her property mortgaged, the Tribunal condoned the delay under Section 5 of the Limitation Act and set aside the order to allow fresh consideration based on the erroneous equitability finding.
What did the court decide?
Impugned order dated 31.12.2007 set aside; Appellant given liberty to file appeal against conjured order after decision on application for recalling within 3 months.
1
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Appeal Dy No. 365 of 2022 (Arising out of M.A. 547 of 2007 in TA 271 of 2001 – DRT-Cuttack) THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
08.06.2023
| Sm | t. Anita Agarwal, wife of Sri |
|---|---|
| Su | resh Kumar Agarwal, residing at |
| Plo | t No. H/11, Civil Township, |
| Ro | urkela – 769-004 PS. |
| Ra | ghunathpalli. … Appellant |
| Vs. | |
| 1. | Punjab National Bank, having |
| office at Sector 19, Rourkela – 5, | |
| PS – Sector-19, Dist. Sundargarh. | |
| Pr | oforma respondent – |
| 2. | M/s. Kalinga Mills Pvt. Ltd. having |
| office at Industrial Area, PO |
|
| Rourkela, PS. Raghunathpalli, |
|
| Dist. Sundargarh. | |
| 3. | Sri Mayank Khemka, C/o Kalinga |
| Mill (P) Ltd. residing at Industrial | |
| Area, PO Rourkela-4, also at 15, | |
| Brabourne Road, Kolkata – |
|
| 700001. | |
| 4. | M/s. Motor Transport of India (P) |
| Ltd. having office at Naya Bazaar, | |
| Gwalior – 9. | |
| 5. | Bihar Road Lines having office at |
| Firozabad Road, Rambagh |
|
| Crossing, Agra- 6. | |
| 6. | M/s. Maharathi Transport having |
| office at OSFC Building, W No.28, | |
| OM Square, Mahanadi Vihar, |
|
| Cuttack, Odisha – 753004. | |
| 7. | Orissa State Financial Corporation |
| having office at Dibai Nabora | |
| Railway Road, Dibai Bulandsahar. |
Issues for consideration
2 issues framed by the court
Whether the delay in filing the application for recalling the judgment order dated 27.12.2004 is condonable.
Whether the finding of the learned DRT recording an equitable mortgage in the observation portion which forms the basis of the recovery proceedings can be revisited.
Parties & counsel
- appellant
Sm|t. Anita Agarwal
- respondent
Punjab National Bank
- respondent
M/s. Kalinga Mills Pvt. Ltd.
- respondent
Sri Mayank Khemka
- respondent
M/s. Motor Transport of India (P) Ltd.
- respondent
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 191090003652022
- Topic
- Banking and Recovery
All orders in this case
6 orders share this CNR
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