Disposed

M/S Anant Trading Company & Ors. v. Punjab & Sin Bank

Calcutta HC7 Nov 2022CO/644/2020

Case brief

AI extract

What is this about?

The High Court disposed of a revision against a DRT order dismissing an application on non-service grounds. Addressing the lack of a functioning appellate tribunal at the time of filing, the court allowed the revision with liberty to approach the DRAT within 30 days and directed the DRT to stay proceedings.

What did the court decide?

Revised application disposed of with liberty to approach DRAT within 30 days; DRT directs not to proceed for 30 days.

M/S Anant Trading Company & Ors. Vs Punjab… — Civil Procedure and Limitation | Calcutta HC (2022)

¶1

S/L 2 07.11.2022 Court No.652 SD

¶2

CO 644 of 2020

¶3

M/s. Anant Trading Company & Ors. Vs. Punjab and Sind Bank

¶4

Mr. Arijit Bardhan Mr. Rishobh Dutta Gupta

¶5

… for the Petitioner.

¶6

Ms. Reshmi Ghosh Ms. Tutul Das Mr. Ranjit Singh Mr. Amar Singh Mr. Suman Chakraborty Ms. Pooja Sett

¶7

… for the Opposite Party.

¶8

Being aggrieved by the order no.25 dated December 19, 2019 passed by the Presiding Officer, Debts Recovery Tribunal (DRT)-III, Kolkata in O.A. 15 of 2014, the present revisional application has been preferred.

¶9

In the said proceeding before DRT I.A./553/16 was moved by defendant No. 1 & 2 with the prayer for dismissal on the ground of maintainability and to stay further proceeding of O.A./15/14 till disposal of said petition. Presiding officer DRT by the impugned order was pleased to dismiss said I.A./553/16 on the ground of non-service.

¶10

At the time of hearing, learned counsel appearing for the opposite party/bank raised a preliminary objection contending that the petitioner has alternative remedy under Section 20 of the recovery of Debts due to Banks & Financial Institutions Act, 1993 and the petitioner without availing the said provision has preferred this revisional application which is not maintainable. It is further agitated before the court that under Article 227 of the Constitution of India also the present revisional application

¶11

¶12

is not maintainable, since the petitioner has alternative remedy before the appropriate forum.

¶13

It is not disputed that when the revisional application was preferred before this court by the petitioner, at that time the appellate tribunal was not functioning and as such, petitioner had no other option but to prefer the revisional application before this court. It is submitted that the appellate forum has now started functioning.

¶14

In view of the aforesaid facts and circumstances, the revisional application being C.O. 644/2020 is hereby disposed of giving liberty to the petitioner to approach before the Debt Recovery Appellate Tribunal (DRAT) within 30 days from the date of receipt of the order.

¶15

The DRT-III, Kolkata is directed not to proceed with the further proceding in OA 15 of 2014 for a period of 30 days.

¶16

There will be no order as to costs.

¶17

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

¶18

(Ajoy Kumar Mukherjee, J.)

M/S Anant Trading Company & Ors. v. Punjab & Sin Bank

Case brief

What is this about?

What did the court decide?

M/S Anant Trading Company & Ors. v. Punjab & Sin Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Somadhan Properties Vs Pulak Kumar Beras

Sumana Sarkar Dey Vs Biswajit Sarkar

Pear Mohammed and Ors. Vs Saidur Rahaman and Ors.

Basanta Kr Mondal Vs Rupam Basu

Byajari Naskar and Ors. Vs Monimohan Naskarr and Anr.

Sudeshna Kundu Mahapatra Vs Amaresh Mahapatra