Mr. K. Jaya Prakash Reddy v. State Bank of India
Case brief
What is this about?
The DRAT dismissed an appeal arising from a review petition filed under the SARFAESI Act. The Tribunal held that since the underlying appeal was dismissed as time barred, the impugned order attained finality. Consequently, there was no ground to interfere with the review disposal order.
What did the court decide?
The appeal was dismissed at the admission stage in limine. All interim applications were disposed of.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No. 01 of 2024)
(Arising out of S.A. No. 659 of 2017 in DRT-II Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
Mr. K. Jaya Prakash Reddy, S/o K.V. Konda Reddy, Age 63 years Occ; Business, R/o H. No. 12-3-875, Jesus Nagar Anantapur -515001.
…Appellants
-Versus-
- State Bank of India, Service through by its Manager, Main Branch, Sai Nagar, Anantapur -515001
- Kompally Chiranjeeva Reddy @ Chiranjeeeva Reddy S/ K. Konda Reddy, age 61 years ST Mark campus, Rachanpalli Bellari Road Anantapur -515001.
| … Respondents | ||
|---|---|---|
| Counsel for the parties | Ms. Sanjukta Basu Mallick, Learned Counsel, for the Appellant |
|
| None for the Respondent. |
||
| JUDGMENT | : On |
9thJanuary, 2024 |
Issues for consideration
2 issues framed by the court
Whether to set aside the DRT's review order dismissing the review petition because the appeal was pending, given that the appeal was subsequently dismissed as time barred.
Whether the impugned order which dismissed the review petition can be challenged now that the underlying appeal has attained finality.
Parties & counsel
- appellant
Mr. K. Jaya Prakash Reddy
- respondent
State Bank of India
- respondent
Kompally Chiranjeeva Reddy
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · January
- CNR
- 191090000012024
- Topic
- Banking and Recovery
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