191090001242019_973c0f2980ddca7c47be902a85bf7cbb.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(In-Charge DRAT, Allahabad) 
Application No. 247 of 2019
in
Diary No.124 of 2019
THE HON’BLE SHRI  R.  S.  KULHARI 
                       CHAIRPERSON
12.12.2019
Sri Ram Parbesh Singh
Applicant.
Vs.
Indian Overseas Bank and Ors. 
                              
  Respondents
Mr. R. S. Tiwari along with Mr. Pratik 
Gorai, Advocates for the application.
Ms. Aparajita Ghosh, Advocate along 
with Ms. B. Sarkar, Asstt, Manager 
(law). 
THE APPELLATE TRIBUNAL:: Heard the learned counsel for 
both parties on the applications for condonation of delay as well as 
waiver and stay. 
It appears that there is delay of 22 days. Reason shown in the
application is convincing, hence the instant application is allowed and
delay is condoned. 
This is an appeal against the interim order passed in O.A, 
therefore applicant is not required to tender any pre-deposit. The 
Appeal be registered as regular Appeal.
Leaned counsel for the appellant submits that the Advocate 
Commissioner appointed by the Tribunal below is insisting for making 
inventory and submission of relevant documents. Therefore, the order 
impugned be stayed.

On the other hand, learned counsel for the respondent submits 
that there is no prima facie case in favour of the appellant for stay 
however, she may be given an opportunity to file reply to the stay 
application so as to ascertain what steps have been taken by the 
Advocate Commissioner since the impugned order dated 12.04.2019.
Considered the arguments and perused the record.
This Appeal is against the interim order whereby the Advocate 
Commissioner was appointed on 12.04.2019 for taking inventory of 
mortgaged property and to collect audited balance sheets/income tax 
returns etc. Thus, there appears to be no prima facie case in favour of 
the appellant to stay the impugned order at this stage without reply of 
the bank so as to ascertain the intervening developments taken place 
after 12.04.2019. The counsel for the respondent may file the reply to 
the stay application within three weeks with advance copy to the 
appellant who may file rejoinder on or before next day.
List the case on the camp day on 15.01.2020.
(R. S. Kulhari)
  Chairperson