This judgment dismissed an appeal in default as the appellant failed to appear when listed for a second hearing. Consequently, associated interim applications were also dismissed as infructuous.
The appeal numbered 214 of 2018 was dismissed in default. All pending interim applications were dismissed as infructuous.
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. 214 of 2018)
(Arising out of S.A. 48 of 2016 in DRT-2, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
06.04.2022 Samar De & Another … Appellants
-vsPunjab National Bank … Respondent
None for Appellants
None for Respondent Bank
THE APPELLATE TRIBUNAL :
The matter is taken up on the second call.
I have gone through the impugned order dated 12th February, 2018. The Appellant has made a prayer for extension of time for compliance of the order dated 15th November, 2017 which related to deposition of 25% of the notice amount within thirty days and the Respondent Bank was restrained from taking any coercive steps till the next date of hearing. The Appellant without complying the order, dated 15th November, 2017, sought extension of time, which was declined by the Learned Tribunal below by passing the impugned order dated 12th February, 2018 and the matter was directed to be listed for hearing and disposal on 13th June, 2018.
It transpires from the record that the order, dated 15th November, 2017, passed by the Tribunal below was a conditional order which became infructuous by efflux of time
2
as no restraint order was passed in favour of the Bank and the matter was listed for final hearing.
Since none appears to press the appeal even on the second call, in view of the above discussion, the appeal, being Appeal No. 214 of 2018, stands dismissed in default.
All pending I.A.s accordingly stand dismissed; being infructuous.
File be sent to Record Room.
Copy of the order be uploaded in the website of this Tribunal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 6th April, 2022 09/ac
1 issue framed by the court
Whether the appeal should be dismissed in default for non-appearance of the appellant on the second call.
Samar De & Another
Punjab National Bank
Anil Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
