Sujit Kumar Das v. Punjab National Bank and Anr.
Case brief
What is this about?
Appeal dismissed for lack of maintainability due to non-compliance of pre-deposit under Section 18 of SARFAESI Act; High Court stay order not established.
What did the court decide?
Appeal dismissed for being not maintainable.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Misc. Appeal Diary No. 345 of 2024 (Arising out of I.A. 474 of 2024 in S.A. 513 of 2023 in DRT-III, Kolkata)
Order No. 35 17.04.2025 Sujit Kumar Das … Appellant -VsPunjab National Bank … Respondent Mr. Saptarshi Guha, Learned Counsel for the Appellant
Mr. Mr. Debasish Chakrabarti, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
An order for pre deposit was passed on 14th May, 2024. It is submitted that thereafter the Appellant herein preferred a Writ Petition before the Hon’ble High Court but there is no order on record to show as to whether writ petition is admitted or not? Whether notices are issued in the writ petition or not? Continuously time was granted to the Appellant either to comply with the order of pre deposit or to file the stay order from the Hon’ble High Court. Learned Counsel sought time on different dates but copy of the order dated 28.6.2024 is on record which shows that even on that date none appeared on behalf of the petitioner on call before the Hon’ble High Court. This all shows the conduct of the Appellant.
In absence of the stay order by the Hon’ble High Court and non-compliance of the order of the pre deposit dated
Issues for consideration
2 issues framed by the court
Whether the appeal is maintainable when the appellant has not made the pre-deposit as per Section 18 of the SARFAESI Act.
Whether the High Court stay order or admission of the writ petition is on record to justify further adjournment.
Parties & counsel
- appellant
Sujit Kumar Das
- respondent
Punjab National Bank
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 191090003452024
- Topic
- Banking and Recovery
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