M/S Ghosh Brother Steel Pvt. Ltd. v. Bank of Baroda

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

( Diary No. 135 of 2019) (Arising out of O. A. No. 188 of 2014 in DRT-Guwahati)

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

CHAIRPERSON

12.08.2022 M/s Ghosh Brother Steel Private Limited … Appellant -VsBank of Baroda ….Respondent Ms. Falguni Jana, Learned Counsel for the Appellant Mr. Dipanjan Datta, Mr. S. Chowdhury, Learned Counsel for the Respondent

THE APPELLATE TRIBUNAL :

Learned Counsel for the Appellant submits that initially the proposal for OTS made by the Appellant was rejected by the Bank. Again, a proposal is made on 2^nd August, 2022. It appears that this Appeal was filed for the year 2019. No predeposit is made. On 24^th June, 2022, a specific order was passed that the pre-deposit should be made following which the Appeal should be dismissed. But the same was not complied. Again, on 25^th July, 2022 on the request of the Appellant’s Counsel matter was posted for today. Today again Learned Counsel for the Appellant is making the same prayer. It shows that the only intention of the Appellant is to delay the proceedings. Appellant is not at all interested for settlement of the matter or for hearing of the Appeal. However, on the

request of the Learned Counsel, list the matter on 29^th August, 2022. It is made clear that if the pre deposit is not made before the date fixed, Appeal shall be dismissed being not maintainable.