Tribunal noted that additional documents were filed in the appeal memo not before DRT. Allowed time for appellant to seek permission under Order 41 Rule 27 CPC to file application for such documents. Appellant to be heard on adjournment.
Time granted to file application to adduce additional documents in compliance with Order 41 Rule 27 CPC.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 33 of 2021)
(Arising out of S.A. 235 of 2019 in DRT-1 Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
27.09.2022
N Dilip Kumar
… Appellant
-Vs-
South India Bank
… Respondents Mr. V. V. Ramana, ld. counsel for the appellant.
Mr. A. Pramanik, ld. counsel with Ms. S. Dey, ld. Adv. for the respondent.
THE APPELLATE TRIBUNAL :
Heard learned counsel for the parties. During the course of hearing it transpires that certain documents have been filed in the memo of appeal which was not on record before the DRT. Additional documents cannot be taken on record without following procedure provided under Order 41 Rule 27 of the C.P.C.
Learned counsel for the appellant prays for and granted time to file appropriate application for filing additional documents.
List on 10.01.2023 for hearing the appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 27th September, 2022 21/pkb
1 issue framed by the court
Whether additional documents filed in memo of appeal without prior approval of DRT can be taken on record.
1 provisions across 1 enactments
N Dilip Kumar
South India Bank
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
