The Tribunal recorded the appellant's request for an adjournment to file a calculation in a case pending since 2015. The court imposed a penalty of Rs. 10,000 for misuse of judicial process and listed the matter for disposal on merit.
Adjournment granted subject to payment of Rs. 10,000 penalty.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 85 of 2015) (Arising out of S.A. No. 119 of 2015 in DRT Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
26.09.2022 M/s Haripriya Marine Exports Pvt. Ltd. … Appellant -VsIndustrial Development Bank of India Ltd. ...Respondent Mr. M.N. Rao, Learned Counsel for Appellant Mr. K.P. Saradhu, Learned Counsel for the Respondent No. 1 Mr. R. Padmanabha Raju, Learned Counsel for Respondent No. 3, Auction Purchaser
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the parties on the waiver application. Earlier waiver was allowed to an extent of 25% which was challenged before the Hon’ble High Court in Writ Petition No 18185 & 20588 of 2017 which were decided on 24th July, 2018. Since then, the matter is pending. Today again Appellant sought an adjournment on the ground that he wants to file the calculation. This Appeal is pending since 2015. If the Appellant was seriously interested to pursue the matter, the calculation whatever it may be, he should have filed it now. It shows that only purpose of the Appellant is to keep the Appeal pending. He
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is enjoying a luxurious litigation. In such circumstances, on the request of the Learned Counsel for the Appellant for adjournment, the matter is adjourned subject to payment of cost of Rs.10,000/- (Rupees ten thousand) to be deposited to the Prime Minister Relief fund.
List the matter on 9th November, 2022. It is made clear that if any adjournment is sought by the Appellant, the matter shall be disposed of on merit on the date fixed.
(Anil Kumar Srivastava,J) Chairperson
Dated:26th September, 2022 5/tp
M/s Haripriya Marine Exports Pvt. Ltd.
Industrial Development Bank of India Ltd.
Anil Kumar Srivastava
As recorded by the court registry
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