The Debts Recovery Tribunal, Kolkata, dismissed a SARFAESI application for non-prosecution due to the applicant's lack of diligence and failure to comply with previous orders, noting the case had hung for years without steps.
The SARFAESI application (instant case) was dismissed for non-prosecution and non-compliance with the tribunal's orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
DEBTSRECOVERY TRIBUNAL-3,KOLKATA Order Sheet(Continuation)
| No.SA/ | 594/2O22 Haradhaneirnlkvs. rndianBan |
k &Anr' |
|---|---|---|
| Dateof Order |
Orderwithsignature | Office action withdateand dated Signature |
| OrderNo.05 Dt.26.O9-2024 Sl.No.35 |
SAapplicant:None RespondentBank :None Recordisplacedtodayfrom theRegistrar Bench' Perusedthecase record. Itappearsthatthecasewasfiledon11.07.2022.Since thereafterSarfaesi Applicanthasnotbeentakingany step. The Sarfaesiapplicanthasnot taken any stepinterms of the orderNo.1dated27.07.2022andorderNo.04dated 24.05.2024.Serviceisalsonotcompleteduponthe defendants.Perusedorderno.04dated 24.05.2024passed bytheRegistrarBenchof thistribunal. OnperusalofrecordsitappearsthatSarfaesi applicantis reluctanttoproceedwith thecaseandis notdiligentand has exhibitedlackadaisicalattitudetoproceedwiththe case, Positionof recordinspiresthis tribunaltoholdthatSarfaesi Applicantis notdiligenttoproceedwith thecase and the case has lamentably been hangingonfirefordisposalfor yearstogether, Hence, Ordered Instantcase being 5A/598/2022isdismissedfornon- prosecutionandnon-complianceoftheorderofthis tribunal. |
|
| (KamalDe ) Presidangofficer DRT-3,Kolkata |
1 issue framed by the court
Whether the SARFAESI application should be dismissed for non-prosecution and lack of diligence by the applicant.
Haradhan
Indian Bank & Anr
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
