Interim order in DRTA appeal where counsel appear but Vakalatnama is not filed. Court warns of delay tactics, sets deadline for filing opposition, and fixes next hearing date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 01 of 2021)
(Arising out of S.A. 34 of 2020 in DRT, Cuttack)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
| 23.08.2022 | Indian Overseas Bank … Appellant -Vs- Smt. Banita Swain & Another … Respondents |
|---|---|
| Ms. Aparajita Ghosh with Ms. Sangeetha Ghosh, Learned Counsel for Appellant |
|
| Ms.Aparajita Rao, Learned Counsel for Respondent No. 2/Purchaser |
|
| Mr. Durga Charan Sabal, Learned Counsel for Respondent No. 1 |
THE APPELLATE TRIBUNAL :
It appears that on 24th June, 2022 Mr. Durga Charan Sabal, Learned Counsel appeared for Respondent No. 1 and today again Mr. Sabal appears but till date he has not filed Vakalatnama. It shows that the intention of Respondent No. 1 is to delay the proceedings.
Learned Counsel for Respondent No. 2 submits that in order to delay the proceedings, Respondent No. 1 has filed another application under Section 17 of the SARFAESI Act 2002 before the concerned DRT.
List on 2nd September, 2022 for hearing of the appeal.
In the meantime, Respondent No. 1, if he so desires, may file opposition by 29th of August, 2022 with advance copy to the Bank; who may file rejoinder before the next date of listing.
It is made clear, if the opposition is not filed within the given time, appeal shall be heard on merits on the next date.
List on 2nd September, 2022.
(Anil Kumar Srivastava,J) Chairperson
Dated: 23rd August, 2022 12/ac
Indian Overseas Bank
Smt. Banita Swain
Anil Kumar Srivastava
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
