State Bank of India v. Ms Bengal Geo Services
Case brief
What is this about?
Single Judge directed DRAT to communicate general orders to all DRTs mandating updated records, chronological order sheets, and cessation of online adjournments. It also directed expeditious disposal of specific pending SARFAESI appeals.
What did the court decide?
Order directed to be supplied to parties and forwarded to concerned DRTs. File consigned to Record room.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Misc. Appeal Diary No 758 of 2024 (Arising out of S.A. 217 of 2020 in DRT-III, Kolkata)
Order No. 09 03.9.2024 State Bank of India … Appellant -VsM/s. Bengal Geo Services & Another … Respondents Mr. Pankaj Kumar Mukherjee with Mr. Indrajit Bhattacharjee, Learned Counsel for the Appellant Mr. Bratin Kumar Dey with Mr. Pradeep Pandey, Learned Counsel for Respondents
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the parties and perused the record.
This is an application under Section 17 sub-section (6) of the SARFAESI Act, 2002 thereby direction is sought for expeditious disposal of S.A. 217 of 2020 pending before the Learned DRT-III, Kolkata.
Certain directions were issued on 27.8.2024 and response of the Learned Presiding Officer is received. Without going into the minute details of the issues therein, I find it appropriate that a general direction is to be issued to all the DRTs to keep the record up-dated. All the order sheets should be maintained in chronological order. Even if the matter is listed either before Presiding Officer, Registrar or the Recovery Officer, on a particular date, and if it could not be taken up or adjourned on that date, on any ground whatsoever it may be, an order sheet on that date should be drawn up by the concerned authority so that perusal of the record may show the progress of the matter. It is not acceptable that matters, which could not be taken
Issues for consideration
2 issues framed by the court
Whether to issue general directions to all District Recovery Tribunals regarding record maintenance and avoidance of unnecessary online adjournments.
Whether to direct the DRT to dispose of a pending SARFAESI application expeditiously.
Parties & counsel
- appellant
State Bank of India
- respondent
M/s. Bengal Geo Services
- respondent
Another
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · September
- CNR
- 191090007582024
- Topic
- Banking and Recovery
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