Single judge recalled an order dismissing a maintainability application filed during pendency of an appeal against dismissal of a waiver application, restoring the appeal to its file and listing the waiver application for hearing.
M.A. No. 322 of 2022 allowed. Order dated 22.07.2022 recalled. Appeal restored to file and number.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 46 of 2022)
(Arising out of S.A. 53 of 2019 in DRT-Guwahati)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
27.09.2022
Pabitra Pran Saikia
… Appellant
-Vs-
Union Bank of India
… Respondents Mr. S. Saha, ld. counsel for the appellant.
Mr. Ranajit Chowdhury, ld. counsel for the respondent.
THE APPELLATE TRIBUNAL :
M.A. No. 322 of 2022 has beebn filed by the appellant for recalling the order dated 07.07.2022 dismissing the application for waiver in default and consequently main appeal was also dismissed.
It appears from record that on 20.07.2022 aforesaid M.A. was placed before this Appellate Tribunal on 22.07.2022. It further appears that an order was passed on 22.07.2022 while the appeal was already dismissed. In such circumstances the order dated 22.07.2022 is recalled.
Heard learned counsel for the parties and perused records.
In the M.A. No. 322 of 2022 learned counsel for the appellant submitted that on personal ground she could not appear before the Tribunal when the matter was called on. Instant M.A. was moved on 20.07.2022 within time. Learned counsel for the respondent opposes the M.A.
Having considered the submission made by the counsel for the appellant and going through the record I find that ground taken by the counsel for the appellant is sufficient to recall the order dated 22.07.2022. Accordingly, M.A. No. 322 of 2022 is allowed. Order dated 22.07.2022 is recalled. Appeal is restored to its file and number.
List on 31.01.2022 for hearing the waiver application.
Objection, if any, be filed within three weeks with advance copy to the appellant who may file rejoinder thereafter. Copy of the waiver application be served upon the respondent, if not already served.
(Anil Kumar Srivastava,J) Chairperson
Dated: 27th September, 2022 24/pkb
Pabitra Pran Saikia
Union Bank of India
Anil Kumar Srivastava
As recorded by the court registry
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