Allowed

Sanjay Kumar Agarwal v. Punjab National Bank

DRAT3 Sept 2025REGULAR APPEAL/70/2025

Case brief

AI extract

What is this about?

Appeal allowed, impugned order dismissed, set aside subject to deposit of Rs.5000 cost with Legal Services Authority, matter remitted to DRT for hearing on merits after opportunity. Hearing fixed for September 16, 2025.

What did the court decide?

Impugned order set aside; appeal allowed; Rs.5000 cost directed to be deposited with Telangana State Legal Services Authority. Parties directed to appear for hearing on merits.

Sanjay Kumar Agarwal versus Punjab National Bank — Banking and Recovery | DRAT (2025)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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Appeal No. 70 of 2025

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(Arising out of M.A. 30 of 2024 in R.A. 9 of 2023 in O.A. 584 of 2012 in DRT-I, Hyderabad)

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Order No. 07

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03.9.2025

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Sanjay Kumar Agarwal … Appellant -Vs-

Punjab National Bank

… Respondent

Appellant in person

Mr. Pankaj Kumar Mukherjee, Learned Counsel for Respondent

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THE APPELLATE TRIBUNAL:

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Instant appeal is preferred against order dated 3.4.2025 whereby Learned DRT-I, Hyderabad dismissed M.A. 30 of 2024 arising out of R.A. 09 of 2023 in O.A. 584 of 2012.

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Feeling aggrieved Appellant preferred the appeal. Appellant, in person, would submit that on the date fixed, i.e., on 23^rd February, 2024, he could not appear as he noted down a wrong date.

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Learned Counsel for Respondent would submit that the Appellant is simply dragging the matter without any substantial cause; intentionally he did not appear.

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Having heard the Appellant in person and the Learned Counsel for Respondent and going through the record, it appears that R.A. 09 of 2023 was filed wherein notices were directed to be issued upon the Respondent by the date fixed and the matter was fixed on 26^th December, 2023. But no

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notices were issued on the date fixed and the matter was fixed on 23^rd January, 2024. However, 23^rd January, 2024 Appellant could not appear due to the reason that Appellant noted down a wrong date.

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Having considered the submissions and keeping in view the facts and circumstances of the case, I find it appropriate that appeal may be allowed with cost of Rs.5,000.00 (Rupees five thousand) to be deposited with the Telangana State Legal Services Authority.

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Accordingly, the appeal is allowed and the order dated 3^rd April, 2025, passed in M.A. 30 of 2024, is set aside subject to payment of Rs.5,000.00 as cost to be deposited with the Telangana State Legal Services Authority within a period of ten ten days from today. If the cost is not paid within ten days, this order shall stand automatically vacated. If the cost is paid and the receipt is deposited before the Learned DRT, Learned DRT shall proceed with the matter for hearing the appeal, R.A. 09 of 2023, on its own merits after affording an opportunity of hearing to the parties.

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Parties are directed to appear before the Learned DRT-I, Hyderabad on 16^th September, 2025.

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File be consigned to Record room.

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Copy of the Judgment/Final Order be uploaded in the Tribunal’s Website.

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Order pronounced in open Court.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 03^rd September, 2025

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07/ac

Sanjay Kumar Agarwal v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Agarwal v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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