Disposed

Axis Bank Limited v. Vivek Sehgal and Ors.

DRAT21 Sept 2022REGULAR APPEAL/130/2018

Case brief

AI extract

What is this about?

The Debt Recovery Appellate Tribunal at Kolkata addressed a complaint of non-compliance of an order dated 22.07.2022 regarding the filing of an affidavit of service by the appellant bank. The bench examined medical documents submitted to justify delay, finding the evidence insufficient to prove claimed injury. Consequently, the matter was adjourned to a later date rather than dismissed for non-com

What did the court decide?

The order of non-compliance is not acted upon by the Tribunal; matter adjourned to 30.11.2022 for further orders.

Axis Bank Limited versus Vivek Sehgal and Ors. — Banking and Recovery | DRAT (2022)

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT KOLKATA (Appl. No. 130 of 2018)

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(Arising out of S.A. No. 1045 of 2017 in DRT –2 Hyderabad)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA, CHAIRPERSON.

21.09.2022.

Axis Bank Ltd.

…. Appellants

Vs.

Vivek Sehgal & Ors.

…… Respondents

Mr. R.Maity, ld. Senior counsel with Mr. K. Deb ld. Counsel for the appellant.

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Mr. N. Srinivas, ld. Counsel for the respondent.

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THE APPELLATE TRIBUNAL :

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It appears from record that an order was passed on 22.07.2022 directing the appellant bank to file affidavit of service within a period of four weeks. Certain directions regarding service of notice upon the respondent no.3 at the given address as well as address mentioned in the sale certificate were also given. Direction was also given for service of notice upon the learned counsel who appeared for respondent no.3 before the DRT. Compliance is not made. Learned counsel for the appellant bank submits that concerned Bank Manager has suffered leg injury with fracture. Learned counsel has placed reliance on a prescription of Cure - Super Speciality Ortho & Spine Clinics as well as medical certificate of Dr. Aravind Gandra, MS (Ortho).

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None of the documents relied on reflects that Mr. Phani Kumar, Bank Manager, in whose favour aforesaid prescription and medical certificate were issued, has suffered leg injury with fracture rather Doctor has advised him only rest for three weeks and X-ray on right knee, AP & Lateral. In the medical certificate there is no date. It shows that all those documents have been procured in order to seek adjournment for non-compliance of the order dated 22.07.2022. At the same time it is also to be observed that there is nothing on record to show that Mr. Phani Kumar has suffered leg injury with fracture.

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I do not find any reason for non-compliance of the order dated 22.07.2022. Such non-compliance reflects slackness and negligent attitude on the part of the concerned Bank Manager in pursuing the appeal. Though this appeal could have been dismissed for non-compliance of the order of this Tribunal, however, in the interest of justice matter is adjourned. List on 30.11.2022 for further order.

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(Anil Kumar Srivastava,J) Chairperson.

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Dated : 21^st September, 2022 18/PKB

Axis Bank Limited v. Vivek Sehgal and Ors.

Case brief

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Axis Bank Limited v. Vivek Sehgal and Ors.

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