The Debts Recovery Appellate Tribunal at Kolkata directed the appellant to file an application for substitution of the deceased Respondent No. 3(a) within one week, noting that effective hearing was delayed due to the death.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 04 of 2021
(Arising out of S.A. 113 of 2013 in DRT-III, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
16.11.2022 Cygnus Investment & Finance Private Limited … Appellant -vsState Bank of India & 3 Others … Respondents Mr. Mainak Bose with Mr. Narayan Chandra Das, Learned Counsel for the Appellant
Ms. Mekhala Kanji, Learned Counsel for Respondent No. 1
Mr. Debabrata Basu Ray with Ms. Debdutta Chakraborty and Ms. Shreya Basu, Learned Counsel for Respondents No. 1(a), (b) and (c)
THE APPELLATE TRIBUNAL :
Learned Counsel for Respondents No. 1(a), 1(b) and 1(c) submits that Respondent No. 3(a), Subir Sirkar, has expired on 6th August, 2022. It is submitted that the legal representatives of Respondent No. 3(a) are already on record being Respondents No. 3(b) and 3(c).
Appellant is directed to take appropriate steps for substitution of Respondent No. 3(a) within a period of one week with copy to the Respondents who may file objection, if any, within a week thereafter.
There is a direction from the Hon’ble High Court for expeditious disposal of the mater but since Respondent No. 3(a) has expired, effective hearing could not take place today.
List on 12th December, 2022 for hearing.
(Anil Kumar Srivastava,J) Chairperson
Dated: 16th November, 2022 16/ac
Cygnus Investment & Finance Private Limited
State Bank of India
Respondent No. 1(a)
Respondent No. 1(b)
Respondent No. 3(a) (Subir Sirkar)
Respondent No. 3(b)
Anil Kumar Srivastava
As recorded by the court registry
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