Anjana Goel v. Uco Bank
Case brief
What is this about?
DTAT allowed a miscellaneous application seeking directions for expeditious hearing of a pending stay application. The court directed the DRT registrar to report on the delay in drawing order sheets and instructed the DRT to dispose of the matter without adjournments.
What did the court decide?
Miscellaneous Application allowed with directions for expeditious disposal of SA No. 861 of 2022 and submission of report by DRT Registrar.
What the court decided
A compact analysis
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Misc. Application Dy. No. 833 of 2024 (Arising out of SA No. 861 of 2022 in DRT-3 Kolkata)
Order No.04 03.10.2024
Anjana Goel & Anr. …….Appellants
-VsThe A.O., UCO Bank & Ors.
……Respondents
Mr. Prasenjit Pal, Learned Counsel for the Appellant
Mr. S.N. Patra Bhatta, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the parties and perused the record. Learned Counsel for the Applicant submits that he has moved an application under Section 17(6) of the SARFAESI Act, 2002 for a direction to the Learned DRT-3 Kolkata for expeditious hearing of S.A. No. 861 of 2022 which is pending since 17.11.2022. It is submitted that no effective hearing is being done, rather, matter is simply adjourned. A supplementary affidavit is filed today wherein the Applicant has sought for the certified copy of complete order sheets which are annexed but there is no order sheet after the order dated 28th February, 2024 wherein next date was fixed 16.05.2024. Status report obtained by the Applicant Annexure F shows that the next listing of date is 21.11.2024.
Issues for consideration
2 issues framed by the court
Whether to direct the Debts Recovery Tribunal to dispose of the stay application expeditiously,
Whether to direct the tribunal registrar to submit a report on non-issuance of order sheets.
Parties & counsel
- appellant
Anjana Goel & Anr.
- respondent
The A.O., UCO Bank & Ors.
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · October
- CNR
- 191090008332024
- Topic
- Banking and Recovery
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