Tribunals and CommissionsSingle Bench(2026) 09 DRAT CK 6114

Bank Of Maharashtra & Anr. vs M/s Shree Mahabir Stores & Ors.

Debts Recovery Appellate Tribunal, Kolkata · Decided on 11 September 2026

HON’BLE JUDGES
Anil Kumar Srivastava, J
RESULT
Dismissed
CASE NUMBER
Misc. Appl. Dy. No. 870 of 2026

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Judgment

8 paragraphs · 259 words

Heard learned counsel for the appellant and perused the records. Despite service none is present for the respondent.

Instant appeal is preferred against the order dated 10.07.2026 passed by learned DRT-I Kolkata. For the sake of brevity impugned order is reproduced below :

"Learned counsel for respondent bank appears. Learned counsel for bank has filed objection to I.A. 1729 of 2026 to which applicant may file any rejoinder within three days. List I.A. 1729 of 2026 on the date fixed i.e. 27.07.2026. Since the Tribunal is in cession of the matter, bank is directed to wait for order of this Tribunal."

Learned counsel for appellant would submit that learned DRT has passed restrain order against the bank. It is further submitted that without recording any reason restrain order against the bank was passed by the learned DRT.

It appears that bank has made its own interpretation about the impugned order. In the impugned order learned DRT has not restrained the bank rather simply cautioned the bank to wait for order of this Tribunal. In pending S.A. regular orders have to be passed by the DRT. Impugned order is not a restrain order.

Accordingly, appeal lacks merit and is liable to be dismissed. Although this appeal should have been dismissed with costs as it is an abuse of the process of law. However, appeal is dismissed with the above observation made in the body of the judgment without passing any order as to costs.

File be consigned to record room.

Copy of the Order be uploaded in the Tribunal's website.