Mrs. Saswati Gupta vs Authorised Officer Indian Bank

Anil Kumar Srivastava, Chairperson

THE APPELLATE TRIBUNAL :

For Admission

Heard the Learned Counsel for Appellant and perused the record.

Instant Misc. Appeal has been preferred against order dated 9.2.2024 passed by Learned DRT-III, Kolkata in S.A. 605 of 2023 whereby Learned DRT observed that the issue of maintainability of the S.A. is to be decided first, thereafter, it may be heard on merits.

Learned Counsel for Appellant would submit that an order passed by the District Magistrate is already in force. S.A. is pending for a quite long time. All the I.A.s have been disposed of. Learned Counsel submits that the order of the District Magistrate is liable to be set aside otherwise the S.A. would become infructuous.

The impugned order would show that an issue of maintainability was raised on the point that the Appellant has no locus standi to challenge the action taken by the District Magistrate. Further there is a ground about deficiency of fee to file the S.A. Learned DRT has not disposed of the S.A. and refused to grant interim order rather passed an order to hear the matter firstly on the point of maintainability which order does not suffer from any illegality. Learned DRT has rightly observed that the issue of maintainability is to be decided first as to whether the Appellant has any locus standi or not?

Having considered the submission on the basis of the discussion made above, I am of the view that the impugned order does not call for any interference. Appeal is liable to be dismissed. Accordingly, appeal is dismissed in limine at the admission state.

Copy of the order be supplied to Appellant and the Respondents and a copy be also forwarded to the concerned DRT.

File be consigned to Record room.

Order dictated and pronounced in open Court.