Indian Bank v. Mr. Sumit Kumar Jana
Case brief
What is this about?
The Debt Recovery Appellate Tribunal at Kolkata dismissed a miscellaneous appeal by Indian Bank in limine. The court allowed a condonation of delay application and held that since the underlying sale order had become ineffective due to the sale not taking place, the appeal lacked substance and was dismissed at the admission stage.
What did the court decide?
Allow condonation of delay application; dismiss miscellaneous appeal in limine.
Reportable/Non-Reportable
Misc. Appeal Dy No.118 of 2025 -DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Misc. Appeal Dy. No. 118 of 2025 (Arising out of S.A. No. 708 of 2024 in DRT-III, Kolkata)
- Indian Bank, Zonal Office Kolkata-1, 4th & 5th Floor, Plot No. 377 & 378, Block – GD, Sector -III, Salt Lake, Kolkata700106 and presently having its office at 14, India Exchange Place, 2nd and 3rd Floor, Police Station – Hare Street, Kolkata – 700001.
- Authorised Officer, Indian Bank, Zonal Office; Kolkata -1, 4th & 5th Floor, Plot No. 377 & 378, Block – GD, Sector- III, Salt Lake, Kolkata -700106 and presently having its office at 14, India Exchange Place, 2nd and 3rd Floor, Police Station-Hare Street, Kolkata – 700001.
.…Appellants
-Versus-
- Mr. Sumit Kumar Jana son of Shri Subodh Kumar Jana of 45/22C, Mahendra Banerjee Road, Police Station-Parnashree, Kolkata -700060.
Issues for consideration
2 issues framed by the court
Whether delay in filing the appeal can be condoned under Section 5 of the Limitation Act.
Whether the impugned order directing the bank not to proceed with the sale is bad in law and requires admission of the appeal.
Parties & counsel
- appellant
Indian Bank, Zonal Office Kolkata
- respondent
Mr. Sumit Kumar Jana
- respondent
Mrs. Baby Jana Dey
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · February
- CNR
- 191090001182025
- Topic
- Banking and Recovery
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