Dismissed

State Bank of India v. Ms Bhadrakali Oil Industries

DRAT24 Jan 2024REGULAR APPEAL/63/2023

Case brief

AI extract

What is this about?

The Appellate Tribunal held that an appeal against an order granting liberty to deposit a sum becomes infructuous if the sum was not deposited. The appeal was accordingly dismissed, though directions were issued to the DRT to expedite a related matter. The order further mandated uploading of the final order.

What did the court decide?

Appeal dismissed as infructuous; Directed DRT to decide S.A. 123 of 2021 expeditiously.

State Bank of India versus Ms Bhadrakali Oil Industries — Banking and Recovery | DRAT (2024)

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL - KOLKATA

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REGULAR APPEAL/63/2023

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HON'BLE Justice Anil Kumar Srivastava, Chairperson

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Date:24/01/2024

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STATE BANK OF INDIA having registered office at AO SARB 2ND FLOOR UPSTAIRS F TSRTC BUILDING NCOMMUTERS AMENITY CENTRE KOTI HYD

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... Appellant

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--Vs--

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MS BHADRAKALI OIL INDUSTRIES having office at REP BY ITS PROP SRI GURRAM VENKAT RAO AGED 38 YEARS OCC BUSINESS RO SYNO 46 A 5 2 45 3 NEKKONDA VILLAGE AND MANDAL WARANGAL DISTRICT 506122

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2.SriGurram Venkat Rao residing at S/O Sri Narashima Rao House No. 3- 47, Ammenpet, Vill-Chennaraopet Nekkonda Village and Mondal, Warangle District

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3.Sri Malothu Beekeya residing at House No. 2-85, T. K. Tanda, Chennaraopet Village, Nekkonda village and Mandal, Warangle

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4.Malothu Ram Singh residing at House No. 9-83/89, East Hanuman Nagar, Uppal, Hyderabad

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... Respondents

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For Appellant : Mr. Santosh Mahato, ld. Adv.

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For Respondent : Ms. Rakhi Purnima Pal, ld. Adv.

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THE APPELLATE TRIBUNAL :

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Affidavit of service filed by the respondents is taken on record. At the very outset learned counsel for the appellant submits that the appeal was filed against the impugned order dated 04.11.2022 wherein conditional interim order was passed granting liberty to the appellant to deposit a sum of Rs.22.00 lakh, which was not paid. Accordingly, appeal becomes infructuous.

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However, learned counsel for the appellant submits that learned DRT should be directed to decide the S.A. within two months since it is an old matter. Having considered the submission, while dismissing the appeal, learned DRT is hereby directed to decide the S.A. 123 of 2021 expeditiously.

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Appeal is dismissed as infructuous.

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File be consigned to record room.

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Copy of the order be supplied to the appellant and the respondents and a copy be also forwarded to the concerned DRT.

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Copy of the judgement/Final Order be uploaded in the Tribunal’s website.

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Order dictated, signed and pronounced by me in the open Court on this the 24 day of January, 2024.

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(Anil Kumar Srivastava, J) Chairperson

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Dated : 24.01.2024 07 /pkb

State Bank of India v. Ms Bhadrakali Oil Industries

Case brief

What is this about?

What did the court decide?

State Bank of India v. Ms Bhadrakali Oil Industries

Case brief

What is this about?

What did the court decide?

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