Disposed

Central Bank Of India v. Howrah Light Steel Casting

DRAT6 Apr 2022REGULAR APPEAL/263/2018

Case brief

AI extract

What is this about?

The Tribunal dealt with a delay in informing the death of Respondent No. 2. It refrained from imposing cost due to the intervening pandemic and directed the respondent to furnish complete details of legal heirs within one week to enable substitution.

What did the court decide?

Respondent No. 1 directed to furnish complete details of legal heirs within one week. No cost imposed.

Central Bank Of India versus Howrah Light Steel Casting — Banking and Recovery | DRAT (2022)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal No. 263 of 2018)

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(Arising out of S.A. 158 of 2015 in DRT, Kolkata)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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06.04.2022 Central Bank of India

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… Appellant

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-vs-

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Howrah Light Steel Casting … Respondent

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Mr. Gautam Chakraborty, Learned Counsel for Appellant

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Mr. Debabrata Basu Ray with Ms. Debdutta Chakraborty, Learned Counsel for Respondents No. 1 and 2

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Mr. A.K. Dhandhania with Mr. Rudra Dev Bagchi, Mr. Subhojit Chatterjee and Mr. D.K. Ojha, Learned Counsel for Respondent No. 3

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THE APPELLATE TRIBUNAL :

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Heard the Learned Counsel for the parties. It appears that Respondent No. 2, Partha Mondal died on the 17^th of July, 2020. He was represented through Ms. Debdutta Chakraborty, Advocate. Death of Respondent No. 3 is not reported to this Tribunal.

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Today Ms. Debdutta Chakraborty, Learned Counsel for Respondents No. 1 and 2, submitted an application informing about the death of Respondent No. 2 but apart from the names, the addresses, age, relationship and Guardianship in case of minor, etc., have not been provided

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as per rules. Though the death of Respondent No. 2 is being informed after lapse of more than one and a half years that too without complete details of the legal heirs. Heavy cost should have been imposed upon Respondent No. 1 but keeping in view the intervening pandemic situation, I refrain from imposing cost.

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Respondent No. 1 is directed to furnish complete details, as per rules, of the proposed legal heirs within a period of one week with advance copy to the Appellant.

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Appellant upon receipt of such information, shall move proper application for substitution; advance copy whereof be served upon the substituted Respondents and file Affidavitof-Service to that effect.

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List the matter on 6^th May, 2022.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 6^th April, 2022 06/ac

Central Bank Of India v. Howrah Light Steel Casting

Case brief

What is this about?

What did the court decide?

Central Bank Of India v. Howrah Light Steel Casting

Case brief

What is this about?

What did the court decide?

What the court decided

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