Amneesh Dand v. Bank of Baroda and Anr.
Case brief
What is this about?
The Appellate Tribunal allowed the appeal against the DRT's dismissal of a securitization application for being time-barred. The Tribunal held that the lower court erred in ignoring the explanation of delay provided within the application's limitation clause, dismissing it only for the lack of a separate condonation application. The matter was remanded for a decision on merits.
What did the court decide?
The impugned order dated 27.01.2020 is set aside; the appeal is allowed, and the matter is remanded to the Tribunal below to decide the issue of limitation on merits based on the record material.
IN DEBTS RECOVERY APPELLATE TRIBUNAL, ALLAHABAD
Appeal Dy. No. 116/2020
Amneesh Dhand, S/o Late Dilip Dand, R/o House No. A-61, Savana Heights, Golden Green Park, District Bareilly (U.P.) ………....……………………...………………………………………………...Appellant
Versus
- Bank of Baroda, Branch Office Shyamganj, 35-D-1, Anand Ashram Road, District Bareilly-243001.
- Shiv Kumar, S/o Shri Pratap Singh, Village Duharki, Post Janheda Samaspur, Rampur, District- Saharanpur.
…………………….…….………………………………………………….Respondents
Advocates who appeared in this case:
For the appellant Shri Sanjeev Singh, Advocate For the respondent nos. 1 & 2 Ex-parte
JUDGMENT
Date of Decision: 06.09.2024
Issues for consideration
2 issues framed by the court
Whether the disposal of the securitization application by the DRT on the ground of absence of a separate application for condonation of delay, despite the appellant providing an explanation in the lim
Whether the Tribunal below erred in dismissing the application solely on a technical ground without considering the facts stated in the limitation clause of the filed application.
Parties & counsel
- appellant
Amneesh Dhand
- respondent
Bank of Baroda
- respondent
Shiv Kumar
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · September
- CNR
- 091090001162020
- Topic
- Banking and Recovery
All orders in this case
7 orders share this CNR
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