Authorised Officer Asrec India Ltd. And Anr. v. Upendra Vishwakarma And Ors.

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

(Appeal No. 49 of 2019)

(Arising out of S.A. 534 of 2015 in DRT-2, Kolkata)

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

04.05.2022 Asset Reconstruction Company (India) Limited & Another … Appellants -vsUpendra Vishwakarrma & Others … Respondents Mr. Vikram Wadhehra, Learned Counsel for Appellant Mr. Rudra Dev Bagchi, Learned Counsel for Respondent

THE APPELLATE TRIBUNAL :

Today Learned Counsel for the Appellant has handed over a draft for Rs.5,000.00 as costs to the Respondents in compliance of the order dated 10^th July, 2019 whereby delay was condoned in filing the appeal.

Cost having been paid, an order for registration of the appeal by supplying regular number was to be passed. But I find that the appeal itself is defective; in Volume-I of the Paper Book, under the heading Memorandum of Appeal only grounds, for preferring the present appeal, are mentioned and in Volume-II facts are narrated but the grounds, for preferring the present appeal, as taken out in the Memo of Appeal, have not been mentioned. Thus the appeal itself is defective. It appears to be a luxurious litigation on behalf of the Appellant/Financial Institution.

Learned Counsel for the Appellant prays for, and is granted, one week’s time to file amendment application to set the appeal in order; advance copy whereof be supplied to the Respondents.