The Debts Recovery Appellate Tribunal dismissed the bank's appeal against an order allowing impleadment of respondents who alleged they were not the owners of the mortgaged asset.
Impugned order dated 24.12.2018 passed by the learned DRT- Visakhapatnam in I.A. No. 122 of 2008 was confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 71 of 2022
(Arising out of IA No. 122 of 2008 in O.A. no. 71 of 2007 – DRTVisakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
19.04.2024
Punjab National Bank having office at Plot No.4, Dwarka Sector – 10, new Delhi – 110075 and Branch Office at Station Road, Guntur, PIN 522003.
… Appellant
…….Respondent
… Proforma Respondents
For Appellant : Ms. Aparajita Rao, Learned Advocate.
For Respondent :
THE APPELLATE TRIBUNAL :
Heard learned counsel for the appellant bank, who filed the O.A. before the learned DRT wherein an I.A. 122 of 2008 was
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filed by the defendant, who is respondent no.1 herein, and perused the records.
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that they are not the owner of the property and never mortgaged the same as secured asset in favour of the bank. Accordingly, I do not find any illegality in the impugned order. Appeal lacks merit and is liable to be dismissed.
File be consigned to record room.
Copy of the order be supplied to the appellant and the respondents and a copy be also forwarded to the concerned DRT.
Copy of the judgement/Final Order be uploaded in the Tribunal’s website.
Order dictated, signed and pronounced by me in the open Court on this the 19 day of April, 2024.
(Anil Kumar Srivastava,J) Chairperson
Dated: 19.04.2024 09/pkb
1 issue framed by the court
Whether the impugned order allowing impleadment of respondents who claimed they were not owners of the mortgaged property lacks merit?
Punjab National Bank
Tejvangir Dhanrajgir
Anil Kumar Srivastava
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
