Suman Hardware Stores v. Hdfc Bank
Case brief
What is this about?
The Debt Recovery Appellate Tribunal dismissed an appeal seeking to recall an order dismissing an interim application. The court held that the timeline for filing a written statement under the DRT Act is mandatory, allowing a maximum of 30 days, extendable by 15 days only under exceptional circumstances.
What did the court decide?
Interim application to recall the order closing the time for filing the written statement was dismissed, and the appeal was dismissed in limine.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Misc. Appeal Diary No. 260 of 2024 (Arising out of O.A. 388 of 2022 in DRT, Guwahati)
Order No. 02 10.5.2024 M/s. Suman Hardware Stores & Another … Appellants -Vs-
HDFC Bank Limited … Respondents
Mr. Rupam Sarma, Learned Counsel for the Appellant
THE APPELLATE TRIBUNAL :
For Admission
Heard the Learned Counsel for Appellants and perused the record.
2. Instant Misc. Appeal has arisen against order dated 19.9.2023 whereby I.A. 263 of 2023 was dismissed by the Learned DRT.
3. I.A. 263 of 2023 was filed by the Appellants, who are Defendants No. 1 and 2 in the O.A. 388 of 2022, with a prayer to recall the order dated 10.2.2023 whereby the right of filing the written statement by Defendants No. 1 and 2 in the O.A. was closed as they have not filed the written statement within 30 days and 15 days more, i.e. total 45 days. I.A. 263 of 2023 was dismissed by the Learned DRT holding that the period of 45 days, as contemplated under the Act, could not be extended and accordingly, dismissed the application I.A. 263 of 2023.
Issues for consideration
2 issues framed by the court
Whether the period for filing a written statement under Section 19(5)(i) of the DRT Act is mandatory or directory in nature.
Whether the District Recovery Tribunal can extend the period for filing a written statement beyond the statutory limit of 45 days.
Parties & counsel
- appellant
M/s. Suman Hardware Stores & Another
- respondent
HDFC Bank Limited
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · May
- CNR
- 191090002602024
- Topic
- Banking and Recovery
Similar cases
Judgements on the same questions, provisions and authorities, from every court