Disposed

Ms Mansarowar Ispat India Pvt. Ltd. v. Canara Bank and Ors.

DRAT15 Sept 2022REGULAR APPEAL/24/2018

Case brief

AI extract

What is this about?

The Tribunal allowed an amendment to a stay application and granted the appellant two weeks to effect it. Respondents were allowed three weeks to file supplementary opposition, leading to adjournment for hearing.

What did the court decide?

Stay application amendment allowed; appellant granted two weeks to complete amendment; respondents granted three weeks to file supplementary opposition.

Ms Mansarowar Ispat India Pvt. Ltd. versus Canara Bank and Ors. — Banking and Recovery | DRAT (2022)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal No. 24 of 2018)

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(Arising out of S.A. No. 101 of 2017 in DRT 1 Hyderabad) THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

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CHAIRPERSON

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15.09.2022	M/s Mansarowar Ispat India Pvt. Limited … Appellant -Vs- Syndicate Bank & others ….Respondents
	Mr. D. Basu Roy with Ms. Sarmistha
	Podder, Learned Counsel for the Appellants
	Mr. Debasish Chakrabarty with Ms.
	Sarmistha Pal, Learned Counsel for
	the Respondent No. 1 & 2.
	Mr. N. Srinivas, Learned Counsel for
	the Respondent No. 3.

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THE APPELLATE TRIBUNAL :

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I.A. No. 521 of 2018 an application for amendment in the stay application to the effect that pending appeal after auction Appellant has made improvement in the properties in dispute which may be incorporated in the said application. Objections are filed by the Respondents.

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As far as consequences of the amendment are concerned, that can be looked into at the time of hearing of appeal, but as far as amendment is concerned, no prejudice will be caused to

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the Respondents if amendment is allowed because they would have an opportunity of filing the reply after amendment. Accordingly, I.A. No. 521 of 2018 is allowed.

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In compliance of order dated 25.07.2022, amendment is not carried out. Learned Counsel for the Appellant prays for and granted two week’s time to carry out the amendment. Accordingly, amendment be carried out within two weeks as per the order dated 25.07.2022 and today’s order.

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Respondents would be at liberty to file the supplementary opposition to appeal as well as to the stay application within a period of three weeks from today with advance copy to the other side. Rejoinder if any, be filed within two weeks thereafter.

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List on 10^th January, 2023 for hearing.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 15^th September, 2022 12/tp

Ms Mansarowar Ispat India Pvt. Ltd. v. Canara Bank and Ors.

Case brief

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Ms Mansarowar Ispat India Pvt. Ltd. v. Canara Bank and Ors.

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