Union Bank Of India v. Brajamohan Pattnaik
Case brief
What is this about?
The Debts Recovery Appellate Tribunal directed the DRT Cuttack to pronounce judgment in a pending appeal within four weeks, citing unreasonably long delay (eight months) after arguments concluded, invoking powers under Section 17(6) of the SARFAESI Act and CPC Order XX.
What did the court decide?
Direction to DRT Cuttack to pronounce judgment in SA No. 117 of 2021 within four weeks; order circulated to all DRT Presiding Officers.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Dy. No. 751 of 2023
(Arising out of SA No. 117 of 2021 in DRT, Cuttack) THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
22.11.2023
A.O. Union Bank of India ... Appellants
-Vs-
Mr. Brajamohan Pattanaik & ors ……Respondents
Mr. Pankaj Kumar Mukherjee, Learned Counsel for the Appellant None for the Respondent
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the Applicant and perused the report of the Registrar DRT Cuttack along with the copy of the order sheets of SA No. 117 of 2021.
An application is filed by the Applicant under Sub Section (6) of Section 17 of the SARFAESI Act for a direction to the Learned DRT Cuttack for disposal of SA No. 117 of 2021 within a time fixed by the Appellate Tribunal.
Issues for consideration
2 issues framed by the court
Whether the Debts Recovery Tribunal (DRT) Cuttack should be directed to pronounce judgment within a fixed time due to delayed delivery after conclusion of arguments.
Whether the Appellate Tribunal has the power to issue directions to the DRT regarding expeditious disposal of pending matters.
Parties & counsel
- appellant
Union Bank of India
- respondent
Mr. Brajamohan Pattanaik & ors
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · November
- CNR
- 191090007512023
- Topic
- Banking and Recovery
All orders in this case
3 orders share this CNR
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