K Premsagar Rao and Others v. Bank of India
Case brief
What is this about?
The Debt Recovery Appellate Tribunal dismissed an appeal filed against an order dismissing an application to set aside an ex parte recovery. The tribunal found the application filed after four years to be motivated by malafides and an intention to delay, accepting the lower court's view that no sufficient cause was shown.
What did the court decide?
Appeal Misc. Appeal Dy. No. 418 of 2024 dismissed in limine at admission stage. Impugned order confirmed.
Reportable/ Non Reportable
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Misc. Appeal Dy. No. 418 of 2024)
(Arising out of I.A. No. 690 of 2024 in O.A. No. 902 of 2018 in DRTII, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
- K. Premsagar Rao, son of K Raghupathi Rao, resident of H. No. 1- 8-505, Registrar Office Road, Prakash Nagar, Begumpet, Hyderabad - 500016.
- S. Satyanarayana Rao, son of S. Rajeshwara Rao, resident of H. No. 1-8-505, Registrar Office Road, Prakash Nagar, Begumpet,
Hyderabad - 500016.
- K.R.V. Uday Charan Rao, resident of H. No. 1-8-505, Registrar Office Road, Prakash Nagar, Begumpet, Hyderabad - 500016.
- Smt. K. Surekha, wife of Sri K. Premsagar Rao, resident of H. No. 1-8-505, Registrar Office Road, Prakash Nagar, Begumpet, Hyderabad - 500016.
- K. Venkata Rama Rao, son of K. Gopal Rao, resident of H. No. 1- 8-505/10/1, Registrar Office Road, Prakash Nagar, Backside Razack Gadh, Secunderabad-500016.
Issues for consideration
3 issues framed by the court
Whether the appeal against the dismissal of an application to set aside an ex parte order filed after a significant delay shall be allowed.
Whether bona fides and sufficient cause were established by the appellants that justified the four-year delay in filing the application.
Whether the conduct of the appellants, characterized by repeated seeking of time extensions without filing pleadings, indicated an intention to delay proceedings.
Parties & counsel
- appellant
K. Premsagar Rao and others
- respondent
Bank of India and others
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 191090004182024
- Topic
- Banking and Recovery
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