Hotel Annapurna Plaza v. Bank of Baroda
Case brief
What is this about?
Order in an appeal arising in a DRT tribunal listing matters. The tribunal ordered the appellant to deposit 25% of the amount due as predeposit and posted the matter for hearing.
What the court decided
A compact analysis
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Dy. no.366/2021 Date:25/03/2022
M/s. Hotel Annapurna Plaza & anr……….Appellant
Vs.
Bank of Baroda & ors……….Respondents
Ld. Counsel, Mr. Dulal Chandra Sarkar is present on behalf of appellant and files Affidavit for service of summons on 30.08.2021. Postal tracking reports are showing that service of summons is effective to respondent no.1 & 2 while it is not confirmed to respondent no.4. Received copy of hand service of summons is enclosed in respect of respondent no.3. An undelivered closed envelope addressed to respondent no.4, which is returned back to his office through postal department is placed before the Tribunal on today and the same is kept with record. He submits that this matter may be placed before Hon’ble Chairperson for hearing of petition regarding waiver of predeposit.
Ld. Counsel, Mr. Dipanjan Dutta along with Ld. Counsel, Mr. Subhajit Chowdhury are present for respondent no.1 &2 (Bank) and submit for early hearing so that suffering of Bank will be over.
Ld. Counsel, Mr. Somnath Roy is present for respondent no.4 and submits that being auction purchaser a huge amount is lying with Bank but he is unable to take possession of property. He also prays for listing the matter before Hon’ble Chairperson as early as possible.
All the Counsels present for respondents oppose on the matter of waiver of pre-deposit and they press hard for early disposal of the matter.
Issues for consideration
2 issues framed by the court
Whether the appellant-appearers can be allowed to prefer the appeal without predeposit of 25% of the amount claimed.
Whether the matter can be listed for waiver of predeposit as prayed by the counsel.
Parties & counsel
- appellant
M/s. Hotel Annapurna Plaza & anr
- respondent
Bank of Baroda & ors
Case details
As recorded by the court registry
All orders in this case
11 orders share this CNR
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