Vandesh Ramakant Purav v. State Bank of India
Case brief
What is this about?
The DRT A.T. examined an appeal filed because the DRT did not decide an application for clarification. The court held the appeal not maintainable as no order was passed below, yet directed the DRT to decide the matter after hearing both sides.
What did the court decide?
Directed the DRT to pass an appropriate order in M.A. No. 53/2024 after hearing both sides.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson
Appeal on Diary No. 1627/2024
Between
Vandesh Ramakant Purav … Appellant/s V/s.
State Bank of India & Anr. …Respondent/s
Mr. Tejas Girap, i/b Mr. Vivek Phadke, Advocate for Appellant. Mr. Akbar Rizvi along with Mr. Charles De’Souza, Advocate for Respondent No.1
The appeal has been filed by the appellant since the Miscellaneous Application (M.A.) No. 53/2024 on the files of the Debts Recovery Tribunal-III, Mumbai (D.R.T.) was not taken up for a hearing and final disposal.
The said application is filed u/s 19 (25) for clarification of the order passed by the D.R.T. in M.A. 01/2019. No order has been passed by the D.R.T. in M.A. No. 53/2024. The maintainability of the application is also challenged by the respondent and since no order on merits has been passed, I find that the appeal is not maintainable.
The appeal is disposed of with a direction to the D.R.T. to pass an appropriate order in M.A. No. 53/2024 after hearing both sides.
Sd/Chairperson
Issues for consideration
3 issues framed by the court
Is the appeal maintainable where the D.R.T. failed to pass orders on the impugned M.A. before the DRT Appellate Tribunal?
Whether the D.R.T. should be directed to pass an appropriate order on the pending M.A. No. 53/2024?
What is the legal position regarding the maintainability of an appeal when no order on merits has been passed by the lower tribunal?
Parties & counsel
- appellant
Vandesh Ramakant Purav
- respondent
State Bank of India & Anr
Coram
Ashok Menon
Case details
As recorded by the court registry
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