Shah Mohammad v. Bank of Baroda and Ors.
Case brief
What is this about?
The Tribunal dismissed a recall application filed by an auction purchaser. The purchaser challenged the withdrawal of an appeal filed by the original borrower's father. The court held that the appeal was invalidly filed by a non-party who had relinquished rights, and the purchaser could not seek relief through that appeal.
What did the court decide?
Recall application rejected; appeal disposed off as withdrawn stands confirmed.
IN DEBTS RECOVERY APPELLATE TRIBUNAL, ALLAHABAD M.A. No. 01/2021 in Appeal Dy. No. 107/2020
Shah Mohammad S/o Mohammad Haneef R/o Village & PostSabalgarh Derwa, Pratapgarh- 230128
.………....……………………...……………………………………………...Appellant
- Versus
- Bank of Baroda, Derwa Branch, Village & Post- Derwa, Pratapgarh- 230128.
- Branch Manager, Bank of Baroda, Derwa Branch, Village and Post- Derwa, Pratapgarh- 230128.
- M/s Lucky Rice Mill through its proprietor Shri Abdul Kamal Nasir, S/o Shah Mohammad, R/o Village & PostSabalgarh, Derwa, Pratapgarh- 230128.
- Abdul Kamal Nasir, S/o Shah Mohammad, R/o Village & Post- Derwa, Pratapgarh- 230128.
- Bijendra Narayan Mishra, S/o Late Ram Krishna Mishra, R/o Village-Doulatpur Kutuliya, District-Pratapgarh-230128
- ….…………………….…….………………………………………………….Respondents
Advocates who appeared in this case
Issues for consideration
2 issues framed by the court
Whether the right of an auction purchaser can be adversely affected by a settlement between the secured creditor and the third-party borrower/seller.
Whether a recall application by an auction purchaser against the withdrawal of an appeal filed by a third party with no locus to challenge is maintainable.
Parties & counsel
- appellant
Shah Mohammad
- respondent
Bank of Baroda
- respondent
Bijendra Narayan Mishra
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · January
- CNR
- 091090001072020
- Topic
- Banking and Recovery
All orders in this case
7 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court