PREM KUMAR AGRAWAL Vs. BANK OF BARODA
DEBTS RECOVERY APPELLATE TRIBUNAL
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(1.) THIS is an appeal under Section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 preferred by the appellants Sri Prem Kumar Agrawal and three others against the respondent Bank of Baroda being aggrieved by and dissatisfied with the order dated 8th August, 2004 passed by the Recovery Officer, Debts Recovery Tribunal, Allahabad in DRC No. 360 of 2002. Along with the appeal the appellants have also filed a separate application to stay the further proceedings of the DRC No. 360 of 2002 now pending before the Recovery Officer, Debts Recovery Tribunal, Allahabad.
(2.) The appellants preferred a Civil Miscellaneous Writ Petition No. 46702 of 2004 before the Hon'ble High Court at Allahabad and the Hon'ble Court-vide order dated 5th November, 2004 was pleased to dismiss the writ petition summarily with the liberty which says:
...It is open to the petitioner to file an application along with the appeal for interim relief. The application for interim relief may be disposed of by the Tribunal to safeguard the interest of the petitioners. No order is required in this writ petition.
The writ petition is dismissed summarily.
Dated 5th November, 2004.
Sd/-Ashok Bhushan, J.
On careful scrutiny of the records of appeal No. 20 of 2004, I am of considered opinion that the appeal on merit requires to be heard along with the prayer for interim relief and as the matter relates to recovery of debts pending since 2002. The instant proceeding need not be prolonged in the interest of expeditious determination. In this context the record of DRC NO. 360 of 2002 has been called for together with related records of Original Application No. 205 of 2000 and M. A. 152 of 2003 for proper adjudication of the instant appeal.
(3.) BY the impugned order dated 18th October, 2004 passed in DRC No. 360 of 2002, the Recovery Officer, Debts Recovery Tribunal, Allahabad shifted the fixed date for auction sale from 21st October, 2004 to 29th October, 2004 as 21st October, 2004 was a Bank holiday.;
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