The Appellate Tribunal dismissed an adjournment request in a disposal-pending recovery appeal. Time was granted for listing, with strict direction against further delays, warning of merit-based disposal if further adjournment is sought. The tribunal noted the long pendency and irregular procedural conduct.
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
(Appl. No. 69 of 2019)
(Arising out of OA 70 of 2014 in DRT-Cuttack)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
21.11.2022
State Bank of India
M/s. Kamyab Television Pvt. Ltd. & Ors.
… Respondents
Mr. Debasish Chakraborty, ld. Counsel with Ms. S. Pal, ld. Counsel for the appellant.
Mr. S.K.Sinha, ld. Counsel for the auction purchaser.
None
THE APPELLATE TRIBUNAL :
The matter is taken up for hearing. Ms. S. Gupta, ld. Advocate, appearing on behalf of Ms. Mitalee Justhi, ld. Counsel for the respondent, has made a request for adjournment on the ground of illness of Ms. Justhi.
Ms. S. Gupta, ld. Advocate, is neither advocate on record nor filed any memo of appearance. I have gone through the record. This appeal is pending from 2019. Hearing of the matter stand adjourned on several occasions either one pretext or other. The manner in which adjournment sought for should not be appreciated.
However, in the interest of justice list the matter on 15.02.2022 for hearing.
It is made clear that if any further adjournment is sought for, the matter shall be heard and disposed of on merit on the next date of listing.
(Anil Kumar Srivastava,J) Chairperson
Dated: 21st November, 2022 21/pkb
2 issues framed by the court
Whether an adjournment request by unrepresented counsel for the respondent is to be granted on grounds of illness.
Whether lack of advocate on record and longer pendency justifies listing and strict scrutiny of further adjournment pleas.
State Bank of India
M/s. Kamyab Television Pvt. Ltd. & Ors.
Mitalee Justhi
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
