Canara Bank v. Ms Chand Latex

Appeal Dy. No. 709/2022 Date: 21.09.2022

Canara Bank Vs. M/s Chand Latex & Ors.

Present: Shri Maneesh Mehrotra, counsel for the appellant, Shri Anirudh Pandey, counsel for the respondent-borrower,

On being made a mention by Shri Maneesh Mehrotra, learned counsel for the appellant, this case has been taken up today.

Heard the learned counsels for the parties.

Learned counsel for the appellant submits that when the matter was fixed on 19.09.2022, it was observed by the Tribunal below that only urgent cases will be taken up and accordingly, the learned counsel for the appellant left the premises of the Tribunal below. It is further contended that the present case was listed at Sr. No. 121 of the daily cause list. On being mentioned by the counsel for the S.A. applicant, the matter was taken up and the impugned order was passed by the Tribunal below including the presence of the concerned DGM of the Bank. It is also contended that the order passed by the Tribunal below for calling the presence of the DGM in person is not just and proper. It is, therefore, prayed that the impugned order may be modified to this extent.

In view of the above, the learned counsel for the appellant may move an application before the Tribunal below for dispensation of presence of the DGM, which may be considered and appropriate order may be passed.

Accordingly, the appeal stands disposed off.