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2021 Supreme(HP) 925

SANDEEP SHARMA
State Bank of India, Palampur – Appellant
Versus
Debt Recovery Appellate Tribunal, Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SH. ARVIND SHARMA, ADVOCATE
For the Respondent:SH. VIR BAHADUR VERMA, ADVOCATE, FOR SH. NARESH SHARMA, ADVOCATE SH. ASHISH VERMA, ADVOCATE

ORDER :

1. Instant petition filed under Article 226 of the Constitution of India, lays challenge to order dated 13.05.2021 (Annexure P-6), whereby Debts Recovery Appellate Tribunal, Delhi (for short ‘DRAT’) erroneously without there being any jurisdiction entertained the misc. Application No.15 of 2021, having been filed by respondents No.2 and 3 (Annexure P-3), praying therein for initiation of appropriate action against the erring bank officials on account of their having fraudulently credited the amount in the account of auction purchaser

2. On 18.05.2021, Division Bench of this Court while issuing notice to the respondents, returnable for 5th July, 2021, admitted the petition for hearing and stayed the proceedings before Debts Recovery Appellate Tribunal, Delhi in Misc. Application No.15 of 2021 (Annexure P-6).

3. On 28.07.2021, Mr. Ashish Verma, Advocate put in appearance on behalf of respondent No.2 and stated that he has been appointed as legal aid counsel on behalf of respondent No.2, whereas despite service, respondent No.3 did not come present, but yet this Court with a view to afford due opportunity of being heard to respondents No.2 and 3, adjourned the matter for today’s

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