The Calcutta High Court Circuit Bench at Jalpaiguri disposed of a revisional application filed by a company against a DRT order, holding it not maintainable as an appeal to the DRAT is the appropriate remedy.
Petitioner granted liberty to file appeal before DRAT within two weeks.
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13.07.2022 Sl. No.22 K.S.
CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
C.O. 76 of 2022
With
IA No. CAN 1 of 2022 [Not Found]
Kohinoor Tea Company Limited -Versus-
Central Bank of India
Mr. Bikramaditya Ghosh …..For the Petitioner Mr. Sukanta Chakraborty Ms. Esha Acharya …..For the Intervenor Mr. R. K. Mishra Ms. Supriya Singh
…..For the O.P.
Party/parties is/are represented in the order of their
name/names appearing in the cause title.
The matter is listed today for hearing.
Learned advocate for the opposite party/bank submits that this revisional application is not maintainable as it has been filed against the order of the Presiding Officer, DRT- Siliguri in TOA No.604 of 2017 arising out of O.A. No.8 of 2004.
It is submitted that the petitioner should proceed before the Appellate Tribunal which is available since
2
16.02.2022. Copy of Notification No.18/25/2021-EO (SM-II) dated 16.02.2022 is placed before this Court which indicates that DRAT, Kolkata is functional.
Since, there is a specific forum for preferring the appeal, the present application filed by the petitioner is disposed of. Liberty is granted to the petitioner to file an appeal before the appropriate forum within two weeks from the date of this order.
Accordingly, the revisional application is disposed of.
Connected application being, IA No. CAN 1 of 2022 is disposed of.
All parties are to act on the server copy downloaded from the official website of this Hon’ble Court.
(Ananda Kumar Mukherjee, J.)
Kohinoor Tea Company Limited
Central Bank of India
Ananda Kumar Mukherjee
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
