Indian Bank v. Smt Alpana Saha
Case brief
What is this about?
The Tribunal allowed the appeal regarding an interim order on a stay application. It directed the Debt Recovery Tribunal to expedite the impleadment of an auction purchaser and decide the stay application without adjournments.
What did the court decide?
Appeal allowed; DRT directed to expedite impleadment of auction purchaser and decide stay application without adjournments unless justified.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appl. Dy No. 688 of 2024 THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Order No. 07 10.12.2024
Indian Bank & Anr.
… Appellants Vs.
Alpana Saha & Ors.
….. Respondents
For Appellant : Ms. Anindita Das, ld. adv. For Respondent : Ms. Srijani Mukherjee, ld. adv.
THE APPELLATE TRIBUNAL :
Heard learned counsel for the parties. Learned counsel for the appellant bank submits that there is an interim order passed by the learned DRT in S.A. 143 of 2023. It is further submitted that opposition to the S.A. has already been filed before the learned DRT. However, learned counsel for the respondent herein, applicant in the S.A., submits that opposition served upon the applicant was not complete, certain pages are missing. Fair copy of the opposition was not served. Learned counsel for the bank is directed to serve opposition upon the respondent herein positively within a week.
Issues for consideration
3 issues framed by the court
Whether the auction purchaser should be impleaded in the appeal.
Whether the decision on the stay application should be expedited.
Whether adjournment should be granted or denied in the pending application.
Parties & counsel
- appellant
Indian Bank & Anr.
- respondent
Alpana Saha & Ors.
- intervenor
Mr. Kausik Das
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · December
- CNR
- 191090006882024
- Topic
- Banking and Recovery
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