State Bank of India v. Rajeshwara Forgings Pvt.
Case brief
What is this about?
This appeal challenged an order restraining respondents from alienating mortgaged property after the appellant bank returned title deeds following an OTS settlement. The court found the interim injunction lawful to protect the bank's interest during a pending recovery case.
What did the court decide?
Appeal dismissed; impugned order confirming restraint on alienation of property confirmed.
What the court decided
1
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal Dy No. 148 of 2022
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
23.03.2023
State Bank of India, having its corporate office at State Bank Bhawan, Madame Cama Marg, Mumbai – 400021 and having a branch office as Stressed Assets Recovey Branch-I, Koti Hyderabad.
… Appellant -Vs1. Rajeshwara Forging Pvt. Ltd., H.No. 9-228/A/1, Sy. No. 551, Ghatkeshar Village & Mandal, Annojiguda of NTPC Road, Near OPR Service Road, Medchal Dist. 501301. 2. Mr. Meesala Chandraiah of Plot No. 45, Road no.3, Bhavani Nagar, Nacharam – 500076. 3. Mrs. Meesala Shova Rani of Plot No. 45, Road no.3, Bhavani Nagar, Nacharam – 500076. 4. Mr. Meesala Satyanarayana of Plot No. 8-40/A/1/A, House No. 64, Boddupal, Ghatkesar – 500039.
- Mr. S. Koti Reddy of 7-12/76, Ravindra Nagar, Nacharam Hyderabad – 500076.
… Respondents Mr. M. Banerjee, ld. Counsel for the appellant. Mr. N.Srinivas, ld. Counsel for the respondent.
THE APPELLATE TRIBUNAL :
Issues for consideration
1 issue framed by the court
Whether the interest of the bank was adequately secured by restraining the respondents from alienating the mortgaged property despite the return of title deeds.
Parties & counsel
- appellant
State Bank of India
- respondent
Rajeshwara Forging Pvt. Ltd.
- respondent
Mr. Meesala Chandraiah
- respondent
Mrs. Meesala Shova Rani
- respondent
Mr. Meesala Satyanarayana
- respondent
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · March
- CNR
- 191090001482022
- Topic
- Banking and Recovery
All orders in this case
6 orders share this CNR
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