Samudrala Vijaya Kumari v. Canara Bank
Case brief
What is this about?
The DRTAppellate Tribunal dismissed the second appeal as not maintainable for the appellant's failure to make the mandatory pre-deposit order for second appeals, despite sufficient time having been granted.
What did the court decide?
Appeal dismissed for want of pre-deposit; no order as to costs.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl. Dy No. 578 of 2023
(Arising out of M.A. 31 of 2019 in O.A. 60 of 2017 in DRT, Visakhapatnam)
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Order No. 39 16.07.2025 1. Smt. Samudrala Vijaya Kumari, residing at Door No. 5-55-81 Flat No. 2 Rohini Home Apartments
2.Sri Parasa Sujeev Kumar residing at Door No. 5-55-81, Flat No.2, Rohini Homes Apartments, 4/18-1, Brodipet, Guntur, 522202
... Appellants
--Vs--
- CANARA BANK having office at Eluru Road, Governorpet Vijayawada – 520 002. 2.M/s. VSUG Biotics, at Door No. 23-3-21, Narravari Street, Satyanarayanapuram, Vijaywada 520011 3.Sri Gone Venkata Subba Rao, residing at Door No. 23-3-21, Narravari Street, Satyanarayanapuram, Vijayawada 520011. 4.Sri Yajja Vara Suryanarayana, residing at Door No. 25-18-42, Sampath Nagar, Guntur 522204
... Respondents
For Appellant : Mr. S. B. Dasgupta, ld. adv. For Respondent : Ms. Nabanita Dutta, ld. adv.
Issues for consideration
3 issues framed by the court
Whether the appeal is maintainable when the appellant failed to make the mandatory pre-deposit of 75% requires for considering second appeals under Section 17 of the Recovery of Debts and Bankruptcy A
Whether the delay in filing the deposit renders the second appeal unsustainable in maintainability.
Whether a second appeal lies in an order of a Debt Recovery Tribunal which is not consequential in nature.
Parties & counsel
- appellant
Smt. Samudrala Vijaya Kumari
- appellant
Sri Parasa Sujeev Kumar
- respondent
CANARA BANK
- respondent
M/s. VSUG Biotics
- respondent
Sri Gone Venkata Subba Rao
- respondent
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 191090005782023
- Topic
- Banking and Recovery
All orders in this case
13 orders share this CNR
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