Disposed

Smt R Rama Devi @ Smt J Rama Devi v. tata capital financial services Ltd.

DRAT4 Sept 2024MISC APPEAL/65/2024

Case brief

AI extract

What is this about?

A division bench acknowledged the limitation and disposed of an appeal against a dismissal of an application challenging a SARFAESI order. Due to dispossession of assets, the court found the appeal infructuous and mandated the Debt Recovery Tribunal to decide the pending SARFAESI application expeditiously.

What did the court decide?

Appeal disposed of with a direction to the DRT-II, Hyderabad to decide the pending SARFAESI application (S.A. 203 of 2023) expeditiously.

Smt R Rama Devi @ Smt J Rama Devi versus tata capital… — Banking and Recovery | DRAT (2024)

¶1

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

¶2

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

¶3

Misc. Appeal No. 65 of 2024 (Arising out of S.A. 203 of 2023 in DRT-II, Hyderabad)

¶4

Order No. 07 04.9.2024	Smt R. Ram Rama Devi -Vs- The Authori Capital Financ & 3 Others	a Devi @ Smt J. … Appellant zed Officer, Tata ial Services Limited … Respondents
	Mr. Nemani Counsel for Ap	Srinivas, Learned pellant
	Mr. Rajeev Counsel for Re	Maity, Learned spondent

¶5

THE APPELLATE TRIBUNAL :

¶6

Learned Counsel for Appellant submits that he is seeking limitation with effect from 24.5.2024, the date on which the order was uploaded although the order was passed on 2^nd May, 2024. Learned Counsel has drawn my attention to the order dated 13.6.2024, passed by Learned DRT-II, Hyderabad, where it is mentioned that order dated 2.5.2024 was uploaded on 24.5.2024.

¶7

As far as the question of limitation in filing the appeal is concerned, since the order itself is uploaded on 24.5.2024 which was passed on 2.5.2024 and the appeal is filed on 24.6.2024. Appeal is filed within limitation.

¶8

Admit the appeal by providing regular appeal number. Respondent Bank is represented through Mr. Rajeev Maity.

¶9

Heard the Learned Counsel for the parties and perused the record.

¶10

This appeal is against an order passed by Learned DRT-II, Hyderabad dismissing I.A. 1209 of 2024. It appears that SARFAESI Application was filed by the Appellant. Pending SARFAESI Application,

¶11

¶12

the I.A. was moved on the ground that after passing of the order by the Learned Additional Chief Metropolitan Magistrate, Hyderabad Flats No. 104 to 106 were added in the order which is against the law.

¶13

During the course of hearing Learned Counsel for Appellant submits that pending appeal the Appellants have been dispossessed from the secured assets. In such circumstances, this appeal has lost its efficacy and becomes infructuous. However, since the SARFAESI Application is pending, it would be expedient to direct the DRT to decide the SARFAESI Application wherein the Appellant will be at liberty to raise all the issues, including the issue of dispossession, in accordance with law.

¶14

Accordingly, the appeal is liable to be disposed of.

¶15

O R D E R

¶16

Appeal is disposed of with a direction to the Learned DRT-II, Hyderabad to decide the pending S.A. 203 of 2023 expeditiously. Appellant would be at liberty to raise all the issues, including the issue of dispossession, before the Learned DRT in the pending SARFAESI Application which shall be considered by the Learned DRT in accordance with law.

¶17

Copy of the order be supplied to Appellant and the Respondent and a copy be also forwarded to the concerned DRT.

¶18

File be consigned to Record room.

¶19

(Anil Kumar Srivastava,J) Chairperson

¶20

Dated 04^th September, 2024 07/ac

Smt R Rama Devi @ Smt J Rama Devi v. tata capital financial services Ltd.

Case brief

What is this about?

What did the court decide?

Smt R Rama Devi @ Smt J Rama Devi v. tata capital financial services Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mohan Motors Services Private Limited versus Tata Capital Financial Services

State Bank of India versus Ms Bengal Geo Services

Ms Sai Ram Krishna Motorbikes Pvt. Ltd. versus State Bank of India

Hdb Financial Services Ltd. versus sree sree srinivas construction

Rohit Kumar Jain versus Indian Bank

Assets Reconstruction Company (India) Private Limited versus Banga Lakshmi Ujala Business Private Limited