M/S a. K. Enterprise versus State Bank of India

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Appeal Dy. No. 395 of 2023

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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18.09.2023

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M/s A.K. Enterprise & ors ... Appellants -VsState Bank of India

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Mr. Prabhat Sil, Learned Counsel for the Appellant None for the Respondent

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THE APPELLATE TRIBUNAL :

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Affidavit of service filed on 12^th July, 2023 is taken on record. It shows that the notices were served upon the Respondent Bank State Bank of India Jalpaiguri Town branch, District Jalpaiguri. But despite service none is present for the Bank in the Appeal.

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I have heard the Learned Counsel for the Appellant. I.A. No. 236 of 2023 waiver application in para No. 5 of the Application there are details of certain fixed deposits. Learned Counsel for the Appellant submits that the amount of the fixed deposit was not adjusted by the Bank. No information in this regard was provided despite the fact that the Appellant moved an application under RTI Act. But no response is given. A prayer is also made in the waiver application for a direction to disclose the present status of the FDRs. But despite service, none represents the Bank.

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In such circumstances, let a notice be issued by the Registry to the Chief General Manager State Bank of India Kolkata asking him to depute a responsible officer to show

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2

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cause as to why none appeared for the Bank despite the due service of the notice.

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List on 23^rd November, 2023 since specific ground is taken that FDRs are with the Bank but no response is filed by the Bank despite service. It is submitted that matter is being proceeded before the DRT and Recovery Officer, in such circumstances, in the meantime status quo be maintained.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 18^th September, 2023 4/tp

M/S a. K. Enterprise v. State Bank of India

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M/S a. K. Enterprise v. State Bank of India

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