In an appeal against a DRT order granting interim stay on sale of property, the tribunal dismissed the appeal as infructuous because the conditional order was complied with, keeping other issues open.
Appeal dismissed as infructuous; all issues kept open for the DRT.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appl. No. 15 of 2024
(Arising out of I.A. 2908 of 2023 in SA 450 of 2023 – DRT-I Hyderabad) THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Order No. 23 16.04.2025
... Appellants
--Vs--
2.SRI RAMESH GOUD BUDAMPALLY residing at H NO 1-8-40, NORTH KAMALA NAGAR, ECIL (POST), RANGA REDDY DISTRICT
3.SMT B RUSHYENDRA MANI residing at H NO 1-8-40, NORTH KAMALA NAGAR, ECIL (POST), RANGA REDDY DISTRICT
4.THE TAHSILDAR residing at KAPRA MANDAL, RANGA REDDY DISTRICT
... Respondents
For Appellant : Mr. Nemani Srinivas, ld. adv. For Respondent : Mr. Soudip Pal Chowdhury, ld. adv.
THE APPELLATE TRIBUNAL :
I.A. 198 of 2025 is filed for substitution of legal representatives of the appellant, who died on 12.10.2024. I.A. is moved by the legal representatives within time. Accordingly, I.A. 198 of 2025 is allowed. Let necessary amendment be carried out during the course of the day.
Heard learned counsel for the parties.
Instant appeal has arisen against the order dated 15.12.2023 passed by the DRT-I Hyderabad wherein a conditional order was passed as under :
“The issue raised by the petitioner would be decided upon filing counter and material documents by the 1st respondent. However, in the meantime, I am of the opinion that there shall be interim stay of all further proceedings including taking physical possession of the schedule property through Advocate Commissioner vide notice dated 08.12.2023 pursuant to the orders in Crl.MP.No. 529 of 2023 on the file of CMM, Medchal, Malkajgiri, subject to
2
deposit of Rs.36.00 lakhs by the petitioner in two instalments – 1st instalment of Rs.18.00 lakhs on or before 29.12.2023 and 2nd instalment of Rs.18.00 lakhs on or before 16.01.2024 in no lien account with the 1st respondent. If the petitioner fails to comply with any of the above conditions, the interim stay shall stands vacated and the 1st respondent shall be at liberty to proceed further in accordance with law.”
Learned counsel submitted on instruction that conditional order passed by the learned DRT has been complied with. The appeal has become infructuous.
In view of the submission made above, the appeal is dismissed as infructuous.
All the issues raised in the S.A. are kept open for determination by the learned DRT after affording opportunity of the hearing to the parties.
File be consigned to record room.
Copy of the order be supplied to the appellant and the respondents and a copy be also forwarded to the concerned DRT.
Copy of the judgement/Final Order be uploaded in the Tribunal’s website.
Order dictated, signed and pronounced by me in the open Court on this the 16th day of April, 2025.
(Anil Kumar Srivastava, J) Chairperson
Dated : 16.04.2025 15/pkb
3
4
Smt. Thanda Damyanthi
Mr. Thanda Sai Krishna Goud
M/s Shriram Finance Limited and others
Anil Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
