Allowed

Anurag Himatsingka v. Smfg India Credit Company Ltd.

DRAT17 Oct 2023

Case brief

AI extract

What is this about?

In Misc. Application No. 593 of 2023, the Debt Recovery Appellate Tribunal directed the Debts Recovery Tribunal-3 Kolkata to adjudicate the related Special Appeal and connected interim applications expeditiously, without granting unnecessary adjournments, as pleadings were complete and the matter had been pending for a long time.

What did the court decide?

Direction to DRT-3 Kolkata to hear SA No. 129 of 2022 and connected I.A. expeditiously without unnecessary adjournment.

Anurag Himatsingka versus Smfg India Credit Company… — Civil Procedure and Limitation | DRAT (2023)

¶1

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Misc. Appl. Dy. No. 593 of 2023

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THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON

17.10.2023

Anurag Himatsingka

… Appellant Vs.

SMFG India Credit Co. Ltd. & Ors.

¶7

….. Respondents

¶8

For Appellant : Mr. Sandeep Chakraborty, ld. Advocate. Ms. Neelina Chatterjee, ld. Counsel. For Respondents : Mr. Rajiv Maity, ld. Advocate.

¶9

THE APPELLATE TRIBUNAL :

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Mr. Rajiv Maity, learned advocate, has put in appearance for respondent no.1 and 2 who undertakes to file Vakalatnama during course of the day. Affidavit of service is taken on record.

¶11

Heard learned counsel for the parties and perused the records.

¶12

Appellant has moved the Misc. application for expeditious hearing of the S.A. No. 129 of 2022 on the ground that S.A. applicant is neither borrower nor guarantor nor mortgagor. It is further submitted that the matter is pending before learned DRT3 Kolkata for long time. Pleadings are complete. Learned counsel prays that the matter may be heard expeditiously.

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Learned counsel for the respondent also confirm that pleadings are complete.

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In such circumstances in the interest of justice direction should be issued to learned DRT-3 Kolkata to decide the matter expeditiously without granting any unnecessary adjournment to either of the parties.

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Accordingly, Misc. Appeal dy. No. 593 of 2023 is allowed. Learned DRT-3 Kolkata is directed to hear the SA along with connected I.A. expeditiously without granting unnecessary adjournment to either of the parties.

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File be consigned to record room.

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Copy of the order be supplied to the appellant and the respondents and a copy be also forwarded to the concerned DRT.

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Copy of the Order be uploaded in the Tribunal’s website.

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Order dictated, signed and pronounced by me in the open Court on this the 17^th day of October, 2023.

¶20

(Anil Kumar Srivastava, J) Chairperson

¶21

Dated : 17.10.2023 17 /pkb

Anurag Himatsingka v. Smfg India Credit Company Ltd.

Case brief

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Anurag Himatsingka v. Smfg India Credit Company Ltd.

Case brief

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