Sri Ashwini Mishra and Ors. v. Bank of Baroda and Ors.
Case brief
What is this about?
The Dr. AP Shah AAP sought recall of RJ order withdrawing case, allowing appeal restoration and status quo extension due to bank's possession notice.
What did the court decide?
Recalled order withdrawing appeal; restored appeal; issued dasti notice to extend status quo order.
What the court decided
R.A. No. 01/2023 In Appeal Dy. No. 626/2022 Date: 13.09.2023
Shri Aswini Mishra & Anr. Vs. Bank of Baroda & Ors.
Present : Shri V. K. Mishra along with Shri Aswini Mishra, Appellants in person,
The appellants appeared in person and submit that the urgency application was listed before the DRAT, Delhi, which was sought to be withdrawn, but inadvertently instead of urgency application, the appeal was ordered to be withdrawn as the case was being heard virtually, therefore, the said order may be recalled and the appeal may be restored. The appellants further submit that the respondent-bank has issued notice to take physical possession of the property in question on 22.09.2023, therefore, the status quo order already granted by this Tribunal, which could not be extended on the earlier date, may be extended, otherwise the appellants shall suffer great loss by losing their possession.
In view of the above, let the notice be issued to the respondents by Dasti. Steps to be taken by the appellant immediately.
List this case on 20.09.2023.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether the DRAT's order withdrawing the urgency application and appeal should be recalled and restored.
Whether the status quo order granted by the Tribunal should be extended due to the respondent's notice of physical possession.
Parties & counsel
- appellant
Shri Aswini Mishra & Anr.
- respondent
Bank of Baroda & Ors.
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · September
- CNR
- 091090006262022
- Topic
- Banking and Recovery
All orders in this case
19 orders share this CNR
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