SB of India vs Emrald Mineral Exim Ltd. Appellant concludes argument; respondent no.2 pressed counterclaim not on record. Hearing adjourned to 30.11.2022. CPC application to be decided at final hearing.
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. 28 of 2018)
(Arising out of S.A. 07 of 2017 in DRT- Cuttack)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
19.09.2022
State Bank of India
… Appellant
-Vs-
Emrald Mineral Exim P. Ltd. & Ors.
… Respondents Mr. Joy Saha, learned senior counsel with Mr. D. Chakraborty, ld. Counsel with Ms. S. Pal, ld. counsel for the appellant.
Md. Javed Sultan, for the respondent no.1 and 2.
THE APPELLATE TRIBUNAL :
The matter is taken up today. Md. Javed Sultan, ld. Counsel, for the respondent no.2 has filed application under Order 41 Rule 27 of the C.P.C. annexing certain papers relating to NCLT proceeding. Learned counsel for the appellant submits that they would raise objection during the course of hearing. This application shall be dealt with at the time of final disposal of the matter.
It is a part-heard matter wherein learned counsel for the appellant concluded argument. Respondent no.2 appearing in person. On the last date of hearing respondent no.2 could not complete argument. Today again he started argument, but he pressed a counter claim filed by him before the learned DRT in O.A. proceeding. On a query being raised it is submitted that counter claim is not on record. In such circumstances argument could not be concluded. Since the matter involved volumes of papers and documents, hearing needs to be conducted on day to day basis.
List the matter on 30.11.2022 for argument. It is made clear that respondent should come prepared with the matter. Further adjournment cannot be granted on any ground.
Application under Order 41 Rule 27 of the C.P.C. filed by respondent no.2 shall be considered at the time of final hearing.
(Anil Kumar Srivastava,J) Chairperson
Dated: 19th September, 2022 13/pkb
State Bank of India
Emrald Mineral Exim P. Ltd.
ANIL KUMAR SRIVASTAVA
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
