Suraj Khan and Another v. Bank of India and Ors.
Case brief
What is this about?
In this appeal filed against an order by DRT-III Kolkata directing applicants to file an affidavit-in-opposition, the DRTA held that no effective order was passed against the appellants. Finding the appeal premature as the underlying interim application was still pending, the DRTA dismissed the appeal as premature.
What did the court decide?
The appeal was dismissed as premature.
What the court decided
1
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appl. Dy. No. 913 of 2024
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Order No. 13
07.10.2024
- SURAJ KHAN residing at Village Rafipur, PO & PS Amdanga, Dist. 24 Parganas (N), PIN 743221.
2.MIRAJ KHAN residing at Village Rafipur, PO & PS Amdanga, Dist. 24 Parganas (N), PIN 743221.
... Appellant
--Vs--
- BANK OF INDIA AND ORS. having office at ARB Branch, 5, BTM SARANI, 2nd floor, Kolkata – 700001.
- AUTHORISED OFFICER, BANK OF INDIA residing at ARB BRANCH, 5, B.T.M SARANI, 2ND FLOOR, KOLKATA - 1
Issues for consideration
2 issues framed by the court
Whether an appeal filed against an order directing the filing of an affidavit-in-opposition is maintainable when the underlying matter is pending.
Whether the notice regarding the secured creditor taking over possession was legally conclusive or subject to further proceedings.
Parties & counsel
- appellant
Suraj Khan
- appellant
Miraj Khan
- respondent
Bank of India
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court