Tribunals and CommissionsSingle Bench(2026) 04 DRAT CK 3034

State Bank Of India vs Smt. G. Shakuntala & Anr.

Debts Recovery Appellate Tribunal, Kolkata · Decided on 10 April 2026

HON’BLE JUDGES
Anil Kumar Srivastava, J
CASE NUMBER
Misc. Appeal Diary No. 359 of 2026 (Arising out of S.A. 165 of 2026 in DRT-I, Hyderabad)

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Judgment

11 paragraphs · 292 words

For Admission

Heard the Learned Counsel for Appellant and perused the record.

Instant appeal is preferred against order dated 09.3.2026 passed by the Learned DRT-I, Hyderabad in I.A. 781 of 2026 arising out of S.A. 165 of 2026.

At the very outset, Learned Counsel for Appellant would submit that the Appellant filed a caveat before the Learned DRT but no proper opportunity of hearing was given to the Appellant and the impugned order was passed.

Learned DRT passed a conditional order staying further proceedings pursuant to Sale Notice dated 10.02.2026 and auction fixed on 23.3.2026 and Criminal Misc. Petition No. 03 of 2026 subject to the petitioner depositing a sum of Rs.20.00 lac in two instalments.

Although it is recorded in the order that the caveator appeared on behalf of Respondent Bank and opposed for grant of stay, however, an interim order of stay is granted by the Learned DRT.

As far as issue of giving a proper opportunity of hearing to the Appellant is concerned, opportunity of hearing was given to the Appellant. It appears that Appellant could not file opposition to the I.A.s before the DRT. Accordingly, Learned DRT has to give an opportunity to the Appellant to file opposition to the I.A.s.

Accordingly, appeal is disposed of with a direction to the Learned DRT to decide the pending I.A.s in accordance with law after giving an opportunity of filing of objections before the DRT and after hearing Learned Counsel for the parties shall decide the same by a well-reasoned order. Needless to observe that it is expected that the Learned DRT should dispose of the matter expeditiously.

File be consigned to Record room.

Copy of the Judgment/Final Order be uploaded in the Tribunal's Website.

Order pronounced in open Court.