Smt Kiran Jha v. Smt Mona Yadav and Ors.
Case brief
What is this about?
This common order disposed of three appeals challenging orders that condoned delay in filing Section 17 appeals under the SARFAESI Act. Holding that the delay was deliberate and intentional because the borrowers pursued writs in the wrong forum despite knowing the proper remedy, the Tribunal set aside the lower orders, dismissed the sale beneficiary's appeal against quash, and approved the Bank's
What did the court decide?
The order dated 07.03.2020 allowing condonation of delay set aside; Appeal No. 186/2020 and 392/2021 allowed; S.A. No. 221/2019 and extension application dismissed/quashed.
IN DEBTS RECOVERY APPELLATE TRIBUNAL, ALLAHABAD
Appeal Dy. No. 186/2020
Smt. Kiran Jha, W/o Shri H. S. Jha, R/o H.No. 7 (D) Paramount Villa, Shyamla Hills, District Bhopal (M.P.)-462010.
……….....……………………...………………………………………………..Appellant
Versus
- Smt. Mona Yadav, W/o Shri Mohan Yadav, Prop.- Ganesh Warehouse,
- Shri Mohan Yadav, S/o Shri Kanhaiya Lal Yadav, Both R/o-M-116, Veena Nagar, Indore (M.P.), Pin-452003.
- Authorized Officer, Central Bank Of India, Pipariya Branch, District-Hoshangabad (M.P.), Pin Code:-461775
- The Regional Manager, Regional Office, Central Bank of India, 9 Arera Hills, Jail Road, Bhopal (M.P.), Pin Code462011
- Tehsildar, Sohagpur Sub-Division, District-Hoshangabad (M.P.) Pin Code-461001
- The Registrar, Documents and Assurances, Sub Division, Sohagpur (M.P.) Pin Code-461771
Issues for consideration
3 issues framed by the court
Whether the Tribunal rightly excluded the period consumed during High Court proceedings while condoning delay under section 14 of the Limitation Act?
Whether the S.A. applicants were under a duty to file SARFAESI appeals instead of pursuing writ petitions in the wrong forum?
Whether the order allowing extension of time to deposit costs was maintainable after the earlier appeal was set aside?
Parties & counsel
- appellant
Smt. Kiran Jha
- appellant
Central Bank of India
- respondent
Mona Yadav
- respondent
Mohan Yadav
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 091090001862020
- Topic
- Banking and Recovery
All orders in this case
8 orders share this CNR
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