Sk Shadaab Shahid v. Vikash Jiaswal
Case brief
What is this about?
The DRAT dismissed the miscellaneous appeal filed by an intervenor seeking to intervene in a pending SARFAESI recovery suit. The tribunal held that the intervenor lacked locus standi and the DRT correctly refused to direct settlement between private parties.
What did the court decide?
Appeal dismissed at admission stage; case stands disposed of against intervenor's claim for impleadment.
What the court decided
Reportable/Non-Reportable
Misc. Appeal Dy.No.745 of 2025 -DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT
KOLKATA
HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
Misc. Appeal Dy. No. 745 of 2025 (Arising out of S.A. No. 13 of 2024 in I.A. No. 356 of 2025 of DRT III, Kolkata)
Sk. Shadaab Shahid, Flat 4B, 4th Floor, 66, Monoshatalla Lane, Khiddirpore, Ekbalpore, Kolkata -700023
.…Appellant
-Versus-
- Vikash Jaiswal, 49, Sagar Manna Road KMC Panasree Kolkata - 700060. And Shreya Agarwal, 168 S.K. Deb Road, Shreebhumi, Kolkata -700048.
- Neelam Jaiswal, 1, Jay Bibi Road, Howrah Corporation, Ghusuri, Howrah, Pin Code -711107.
Issues for consideration
2 issues framed by the court
Whether an intervenor who has a private agreement to purchase mortgaged property has locus standi to intervene in a pending secured creditor recovery suit.
Whether the Debt Recovery Tribunal can direct parties to settle between themselves while quashing notices under the SARFAESI Act.
Parties & counsel
- appellant
Sk. Shadaab Shahid
- respondent
Vikash Jaiswal
- respondent
Shreya Agarwal
- respondent
Neelam Jaiswal
- respondent
Axis Bank Limited
Case details
As recorded by the court registry
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