This single-procedural order lists the appeal on a future date. The Chairperson noted the appellant failed to file a supplementary affidavit verifying a claimed deposit of Rs. 3.00 crore made to comply with a prior tribunal order. The respondent confirmed a deposit of Rs. 2.02 crore. The matter was listed in a future order.
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. 318 of 2018)
(Arising out of OA 342 of 2016 in DRT-3, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
07.07.2022 Kalyan Educational Society & Others.
… Appellant
-VsPunjab National Bank. … Respondents
None for Appellant.
Mr. Debashish Chakaraborty, Learned Counsel for Respondent.
THE APPELLATE TRIBUNAL :
Peruse the record. On 11/7/2018 an order was passed by this Appellate Tribunal directing the appellant to deposit 25% of Rs. 13,72,80,597/- within a period of 3 months. This order was not complied in spite of giving opportunity ultimately appeal was dismissed for non prosecution on 5/12/2018.
Thereafter on 30/10/2019 an application for condo nation of delay was filed along with an application under section 5 limitation act for recalling the order. This application is pending.
On 19/4/2022 following order was passed.
I.A. 441 of 2019 is an application filed by Appellants praying for condo nation of delay in preferring the appeal; reply has been filed by Respondent No.1(Punjab National Bank).
2
Learned Senior Counsel Mr. A.K. Dhandhania, submits that in compliance of the order dated 11th July,2018, Appellants have deposited approximately a sum of Rs.3.00 crore. This fact, however, does not find place either in the application for condonation of delay or in the affidavit. Learned Counsel prays for and is granted one week’s time to file supplementary affidavit; advance copy whereof be served upon the Respondents who may file response, if any, within a week thereafter.
Today Learned Counsel for the appellant submits that the order dated 19/4/2022 could not be complied by the appellant. He tried to obtain the details of deposit from the Bank but the same were not provided. Learned Counsel made another submission that his senior counsel Sri A.K. Dhandhania will argue the matter and he is not available due to his personal ground. Learned Counsel for the Respondent submits that Appellant has deposited an amount of Rs.2,026,1,734.28P. Let statement be provided to the Learned Counsel for the Appellant who may verify the same. Since senior Counsel is not available today due to his personal ground, list the matter on 15.07.2022.
(Anil Kumar Srivastava,J) Chairperson
Dated: 7th July, 2022 04/RC
2 issues framed by the court
Whether the appellant qualifies for condonation of delay in filing an appeal despite non-compliance with a prior deposit order.
Whether a supplementary affidavit verifying the deposit amount made by the appellant meets the requirements for condonation of delay.
1 provisions across 1 enactments
Kalyan Educational Society & Others
Punjab National Bank
Anil Kumar Srivastava
As recorded by the court registry
17 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
