The Tribunal disposed of the appeal by directing the Debits Recovery Tribunal, Cuttack, to decide the SARFAESI Application within 45 days and keeping the impugned order in abeyance pending disposal.
Direction to decide SARFAESI Application within 45 days; impugned order kept in abeyance.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 37 of 2020
(Arising out of I.A. No. 429 of 2019 in S.A. 90 2019 in DRT, Cuttack)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
15.11.2022 IDBI Bank Ltd. … Appellant -vsM/s Oddessey Spices and Food Processors and ors … Respondent Mr. Debasish Chakraborty, Learned Counsel, Ms. Sarmistha Pal, Learned Counsel for the Appellant Mr. Sanjiv Das, Learned Counsel, Ms. Mithali Jeshi, Learned Counsel on behalf of Mr. R.C. Prusti, Learned Counsel for the Respondent.
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the parties and perused the record. During the course of hearing Learned Counsel for the parties, Mr. Debasish Chakrabarty, Ms. Sarmistha Pal, and Mr. Sanjiv Das and Ms. Metalee Jesthi submit that keeping in view peculiar facts and circumstances of the case, the Appeal may be disposed of with a direction to the Ld. DRT Cuttack to decide the SARFAESI Application expeditiously preferably within a period of 45 days from
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today. Till then, the impugned order may be kept in abeyance.
During the course of hearing it is informed that the wife of Respondent No. 2 who was suffering from severe ailments passed away. Respondent No. 2 is also suffering from different ailments. Respondent No. 2 is out of possession of his residential house since 2019.
In view of the statement made by the Learned Counsel for the parties, the Appeal is disposed of with a direction to the Ld. Presiding Officer DRT Cuttack to decide the SARFAESI Application within a period of 45 days from today. Learned Counsel for the parties also undertakes that they will not take any adjournment before the Ld. DRT Cuttack. The impugned order dated 16.11.2019 shall remain in abeyance till the disposal of the SARFAESI Application.
Dated: 15th November, 2022 14/tp
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1 issue framed by the court
Whether the appeal should be disposed of with a direction to decide the SARFAESI Application expeditiously and keep the impugned order in abeyance.
1 provisions across 1 enactments
IDBI Bank Ltd.
M/s Oddessey Spices and Food Processors and ors.
ANIL KUMAR SRIVASTAVA
As recorded by the court registry
5 orders share this CNR
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