Aakash Bothra v. Debts Recovery Tribunal Patna and Ors.
Case brief
What is this about?
An appeal was listed for hearing where the appellant's counsel was indisposed. The court granted an adjournment and directed the office to summon the Tribunal's record to verify if the judgment was pronounced without a date fixed in the matter.
What the court decided
Appeal Dy. No. 102/2022 Date: 20.04.2023
Aakash Bothra Vs. Presiding Officer, Debts Recovery Tribunal, Patna & Ors.
Present: Shri Jitendra Sarin, Advocate holding brief of Shri Santosh Kumar Singh, counsel for the appellant, Shri Alok Rai, counsel for the respondent-HUDCO, Shri Mahendra Kumar, Advocate holding brief of Shri Vandeep Nath, counsel for the respondent no. 5,
Learned counsel for the appellant submits that the arguing counsel Shri Santosh Kumar Singh is indisposed, therefore, he is unable to appear today, hence prays for adjournment.
Learned counsel for the respondent no. 5 files reply after serving copy of the same upon the counsel for the appellant, who may file rejoinder by the next date.
Learned counsel for the respondent-F.I. submits that the main allegation in the present appeal is that the judgment was pronounced without there being any date fixed in the matter, which may be authenticated from the record of the Tribunal below, therefore, the same may be summoned.
As prayed, the office is directed to summon the record from the DRT concerned with regard to the present appeal by the next date.
List this case on 07.08.2023.
Justice R. D. Khare Chairperson
Issues for consideration
1 issue framed by the court
To grant adjournment due to counsel indisposition.
Parties & counsel
- appellant
Aakash Bothra
- respondent
Presiding Officer, Debts Recovery Tribunal, Patna & Ors.
- respondent
Housing Urban Development Corporation Ltd.
Coram
Case details
As recorded by the court registry
All orders in this case
10 orders share this CNR
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