Indian Bank v. Smt Dipsikha Bhattacharjee and Ors.
Case brief
What is this about?
The Appellate Tribunal dismissed the appeal filed by Indian Bank against the DRT's rejection of its review application. The Tribunal held the recall of an interim order on merits must be done via appeal, not review, and noted no error apparent on the face of the record.
What did the court decide?
Appeal dismissed in limine confirming the impugned DRT order subject to final decision of SARFAESI application.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Misc. Appeal Dy. No. 296 of 2024)
(Arising out of S.A. No. 922 of 2023 in DRT-3 Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
Indian Bank, Stressed Assets Management Large Branch, 1st Floor, 14, India Exchange Place, Police Station -Hare Street, Kolkata -700001;
…Appellants
-Versus-
- Smt. Dipsikha Bhattacharjee, Subhash Road, Habra (M), North 24 Parganas, West Bengal-743263.
- M/s P.C. Dey & Son Distributors Pvt. Ltd. 330 Jessore Road, Deshbandhu Park, Post Office-Habra, North 24 Parganas, Pin 743263.
… Respondents
Counsel for the parties Mr. Shiv Mangal Singh, Learned Counsel, for the Appellant None for the Respondent. JUDGMENT : On 16th April, 2024
Issues for consideration
3 issues framed by the court
Whether an appeal against the dismissal of a review application for recall of an interim order under the SARFAESI Act succeeded.
Whether the Appellant was entitled to set aside the DRT order under Section 22(e) of the RDB Act as it was passed after hearing and involved merits.
Whether the Appellant was entitled to challenge the SARFAESI order via review application rather than appeal under Section 18.
Parties & counsel
- appellant
Indian Bank, Stressed Assets Management Large Branch
- respondent
Smt. Dipsikha Bhattacharjee
- respondent
M/s P.C. Dey & Son Distributors Pvt. Ltd.
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 191090002962024
- Topic
- Banking and Recovery
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