Tribunals and CommissionsSingle Bench(2022) 11 DRAT CK 0009

Canara Bank vs Sri Sai Krishna Chilakuri

Debts Recovery Appellate Tribunal · Decided on 11 November 2022

HON’BLE JUDGES
S. Ravi Kumar, Chairperson
CASE NUMBER
MA 20 Of 2022

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Judgment

7 paragraphs · 247 words

S. Ravi Kumar, Chairperson

1.

This Appeal is preferred under Section 20 of the Recovery of Debts Due to Bank and Financial Institution Act, 1993 against order dated 31.3.2022 in IA 2396/2021 in D.No.1907/2021 on the file of DRT-I, Bengaluru.

2.

Respondents, in spite of service of notice, remained absent and set ex parte.

3.

Heard advocate for appellant bank.

4.

From the submission of advocate for appellant bank, this appeal is preferred against stay granted by Tribunal below in IA 2396/2021 in D.No.1907/2021. This D.No.1907/2021 is an Appeal filed under Section 30 of RDDB & FI Act against orders of Recovery Officer confirming sale held on 29.10.2021. Admittedly, main appeal is still pending and rights of parties have to be ultimately decided in the main appeal but not at interlocutory stage.

5.

Considering these aspects and without going into merits and demerits of the case and correctness of impugned order dated 31.3.2022, I deem it appropriate to direct Tribunal below to decide the main case, i.e., Appeal filed under Section 30 of RDDB & FI Act in D.No.1907/2021 as expeditiously as possible, preferably within a period of three months from the date of receipt of copy of this order, by giving opportunity to both parties. Both parties shall co-operate with Tribunal below in disposal of said Appeal, as per direction of this Tribunal.

6.

Appeal MA 20/2022 is disposed of, accordingly. There will be no order as to costs. All pending IAs, if any, stand closed.