The respondent-appeals Tribunal allowed an application seeking refund of pre-deposit by listing the matter for further consideration upon compliance of the earlier order dated 16th February, 2015, noting that compilation of the order remained pending.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Misc. Appeal No. 02 of 2021) In Appeal No. 01 of 2015
(Arising out of T. S.A. 70 of 2014 in DRT-3, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
15.6.2022 Gopal Chandra Saha & Another … Appellants -VsIndustrial Development Bank of India Limited … Respondents Ms. Piyali Banerjee led by Mr. G.C. Banerjee, Learned Counsel for Appellants
None for Respondent
THE APPELLATE TRIBUNAL :
I.A. 468 of 2021
This application has been filed by the Appellants praying for refund of the pre-deposit.
Learned Counsel for the Appellants submits that the S.A. is still pending but the parties have settled the matter.
Heard Learned Counsel for the Appellants on the application for refund of the pre-deposit amount and have gone through the record. I find that the order dated 16th February, 2015, passed by this Tribunal, has yet not been compiled with.
In absence of compliance of the order dated 16th February, 2015, no order could be passed on refund of the pre-deposit.
List the matter on 10th August, 2022 alongwith I.A. 468 of 2021.
(Anil Kumar Srivastava,J) Chairperson
Dated: 15th June, 2022 01/ac
1 issue framed by the court
Whether the application for refund of pre-deposit can be decided when the impugned order has not been compiled.
Gopal Chandra Saha & Another
Industrial Development Bank of India Limited
Anil Kumar Srivastava
As recorded by the court registry
5 orders share this CNR
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