Pratyaksha Pvt. Ltd. v. Federal Bank and Ors.
Case brief
What is this about?
The Debts Recovery Appellate Tribunal dismissed the appellant's appeal against the DRT's order rejecting a prayer for impleadment in opposition proceedings. The Tribunal held the appellant was neither a borrower nor a guarantor and was not a necessary or proper party.
What did the court decide?
The appeal is dismissed; the order dated 18.08.25 passed by learned DRT-Guwahati is confirmed; Costs easy.
What the court decided
1
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appl. Dy No. 1162 of 2025
(Arising out of I.A. 457 of 2024 in O.A. 511 of 2022 – DRT-Guwahati)
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Order No. 03 03.11.2025
Pratyaksha Pvt. Ltd., represented through its Attorney Sri Pulak Mondal
... Appellant
--Vs--
- Federal Bank, branch office at Silchar/Sonal Road, Bishop’s House Complex, Sonal Road, Silchar, Dist. Cachar, Assam 788055.
- M/s. Sreedhar Apex Biotech, Rangirkhari, Netaji Subhas Avenue, Silchar – 788055, Assam.
- Mr. Supratim Roy Chowdhury, residing at Rangirkhari, Netaji Subhas Avenue, Silchar – 788055, Assam.
Issues for consideration
3 issues framed by the court
Whether the appellant, being neither a borrower, mortgagor nor guarantor, is a necessary or proper party to the opposition application proceeding.
Whether the impugned order dismissing the prayer for impleadment should be allowed in appeal.
Whether the Appellate Tribunal ought to interfere with the DRT's finding that the appellant has no grievance regarding the mortgage created by the defendants in the opposition application.
Parties & counsel
- appellant
Pratyaksha Pvt. Ltd.
- respondent
Federal Bank
- respondent
M/s. Sreedhar Apex Biotech
- respondent
Supratim Roy Chowdhury
- respondent
Nirmal Kanti Chowdhury
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · November
- CNR
- 191090011622025
- Topic
- Banking and Recovery
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