In a default-dismissed appeal, the Debt Recovery Appellate Tribunal allowed an application for recall due to misplacement of brief and mis-posting of diary, restoring the file for fresh hearing.
Recall of order dated 30th June, 2022; restoration of Diary No. 251 of 2019; fresh notices issued for 9th June, 2023.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
M.A. Diary No. 359 of 2022
(Arising out of S.A. 257 of 2015 in DRT-III, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
01.03.2023 Cygnus Investments And Finance Private Limited … Appellant -VsCentral Bank of India & 6 Others … Respondent Mr. Jayabrata Basu Ray withg Mr. Dwaipayan Basu Mullick, Learned Counsel for the Appellant
THE APPELLATE TRIBUNAL :
Appellant has preferred the instant application for recall of the order dated 30th June, 2022 whereby the appeal, being Diary No. 251 of 2019 was dismissed in default.
Affidavit-of-service is filed which shows that Respondents are served but none is present for the Respondents.
Learned Counsel for the Appellant submits that due to misplacement of the brief as well as mis-posting of diary, Learned Counsel could not appear on the date fixed.
Application is filed within time.
Having heard the Learned Counsel for the Appellant, I find the ground sufficient and accordingly Misc. Application Diary No. 359 of 2022 is allowed and the order dated 30th June, 2022 is hereby recalled. Diary No. 251 of 2019 be restored to its original file and number.
After restoration fresh notices be issued upon the Respondents and Affidavit-of-service be filed within two weeks.
List on 9th June, 2023 for hearing.
(Anil Kumar Srivastava,J) Chairperson
Dated: 1st March, 2023 18/ac
1 issue framed by the court
Whether to allow the recall application to restore the original appeal dismissed in default.
Cygnus Investments And Finance Private Limited
Central Bank of India & 6 Others
Anil Kumar Srivastava
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
