Allowed

Assets Reconstruction company india Ltd. v. M S Eklavya Carreer Academy Trust

DRAT21 Nov 2022MISC APPEAL/1/2022

Case brief

AI extract

What is this about?

The Debtors Recovery Tribunal, Kolkata allowed the appellant's miscellaneous appeal regarding a pending SARFAESI application. The bench observed a year-long delay attributable to vacancy in the role of Presiding Officer at the DRT Cuttack and directed the current officer to dispose of the matter on a priority basis.

What did the court decide?

Directed the Presiding Officer, DRT Cuttack, to dispose of S.A. 64 of 2021 on a priority basis after affording parties a hearing.

Assets Reconstruction company india Ltd. versus M S Eklavya… — Banking and Recovery | DRAT (2022)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Misc. Appeal No. 01 of 2022)

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(Arising out of S.A. 64 of 2021 in DRT, Cuttack)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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21.11.2022 Asset Reconstruction Company (India) Limited … Appellant -VsM/s. Ekalavya Career Academy Trust … Respondents Mr. Soumava Ghosh, Learned Counsel for the Appellant Mr. P.K. Samantray, Learned Counsel for Respondent

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THE APPELLATE TRIBUNAL :

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Heard the Learned Counsel for the parties and perused the record.

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Only prayer made by the Appellant is regarding an order for expeditious disposal of the SARFAESI Application pending before DRT Cuttack.

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Going through the record I find that the matter is pending since 2021 wherein for the last one year or so effective hearing could not take place. It will not be out of place to mention that the present Learned Presiding Officer has taken over charge in the month of March, 2022. Prior to it, no Presiding Officer was posted in DRT, Cuttack. After taking over charge by the present Presiding Officer he had been made In-charge for some other DRTs which were lying vacant. Now he is trying to up-date the functioning of DRT Cuttack. In such circumstances, it would be proper if the Learned Presiding Officer, Cuttack is directed to dispose of

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the pending SARFAESI Application expeditiously within a reasonable time.

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Accordingly, Learned Presiding Officer, Cuttack is directed to dispose of the pending SARFAESI Application, being S.A. 64 of 2021, on priority basis, affording opportunity of hearing to the parties, in accordance with law.

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With the aforesaid direction, the Misc. Appeal, being Misc. Appeal No. 01 of 2022, is allowed.

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Copy of the order be supplied to Appellant and the Respondents and a copy be also forwarded to the concerned DRT.

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File be consigned to Record room.

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Order dictated, signed, dated and pronounced in open Court.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 21^st November, 2022

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19/ac

Assets Reconstruction company india Ltd. v. M S Eklavya Carreer Academy Trust

Case brief

What is this about?

What did the court decide?

Assets Reconstruction company india Ltd. v. M S Eklavya Carreer Academy Trust

Case brief

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