Hardayal Pandey v. Punjab National Bank
Case brief
What is this about?
Appellant challenged orders of Recovery Officer and interim relief denial by Tribunal below. Court held appeal not maintainable directly; interim relief properly denied as appeal time-barred. Appeal disposed of without interference.
What did the court decide?
No interference with impugned orders. Appeal disposed of.
What the court decided
Appeal Dy. No. 873/2025 Date: 04.06.2025
Hardayal Pandey Vs. Punjab National Bank
Present: Shri U. K. Saxena, Senior Advocate assisted by Shri Anurag Bhatt, counsel for the appellant, Shri Mukesh Tiwari, counsel for the respondent-Bank, Shri S. K. Pandey, counsel for the respondent-Auction Purchaser,
Heard the learned counsels for the parties on the urgency application being I.A. No. 652/2025.
Since the matter has been taken up today, therefore, the aforesaid urgency application stands disposed off.
Also heard the learned counsels for the parties on the interim relief as well as on merits of the case.
Learned counsel for the appellant submits that the Recovery Officer vide order dated 20.05.2025 directed the Tehsildar, Goverdhan, Mathura to demarcate the property in question and also directed the Advocate Commissioner to hand over the possession of auctioned property on 11.06.2025 to the auction purchaser. It is, therefore, prayed that the interest of the appellant may be protected.
Learned counsel for the respondent-bank submits that neither the present appeal nor the appeal filed by the appellant under section 30 before the Tribunal below, both are maintainable because the appeal filed before the Tribunal below is barred by time and there is no power vested with the Tribunal below to condone the delay occurred in filing the appeal under section 30 of the RDB Act, 1993. It is therefore prayed that the present appeal may be dismissed.
Issues for consideration
3 issues framed by the court
Whether appeal against Recovery Officer's order is maintainable directly before the Appellate Tribunal when prior appeal before statutory Tribunal is barred by time
Whether interim relief can be granted against an order barred by limitation under the RDB Act, 1993
Whether Appellate Tribunal has jurisdiction to interfere while pending appeal on limitation is sub-judice before statutory Tribunal
Parties & counsel
- appellant
Hardayal Pandey
- respondent
Punjab National Bank
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 091090008732025
- Topic
- Banking and Recovery
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