Nepal Mohari and Anr. v. Religare Finvest Limited
Case brief
What is this about?
Appeal filed by purchasers seeking impleadment in debt recovery proceedings. Court held purchasers are neither necessary nor proper parties as they acquired mortgaged assets without extinguishing mortgagee's rights. Appeal dismissed in limine dismissing impleadment application.
What did the court decide?
APP 1134/2024 dismissed in limine; impugned DRT order confirmed.
What the court decided
Reportable/ Not Reportable
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Misc. Appeal Diary No. 802 of 2024)
(Arising out of S.A. No. 639 of 2023 in DRT—III, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
- Nepal Mohari, residing at 8, Pagla Danga Road, P.O. Dhapa, P.S. Pragati Maidan, Kolkata -700105
- Tumpa Mohari residing at 8, Pagla Danga Road, P.O. Dhapa, P.S. Pragati Maidan, Kolkata -700105.
…Appellants
-Versus-
- Religare Finvest Limited (RFL), having its corporate office at 9th Floor, Tower -B, Paras Twin Towers, Sector -54, Golf Course Road, Gurgaon -122002 (Haryana), India and registered office at 2nd Floor, Rajlok Building, 24, Nehru Place, New Delhi – 110019 and branch office at 62/7, Ballygunge Circular Road, Ballygunge, Kolkata – 700019.
Issues for consideration
2 issues framed by the court
Whether purchasers of mortgaged property purchasing after mortgage creation are necessary or proper parties in subsequent recovery
Whether appellate forum is correct to dismiss impleadment application on grounds that buyers have no fresh rights against mortgagee
Parties & counsel
- appellant
Nepal Mohari
- appellant
Tumpa Mohari
- respondent
Religare Finvest Limited
- respondent
Venus Controls & Switchgear Private Limited
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · September
- CNR
- 191090008022024
- Topic
- Specific Performance
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