Fulletron India Home Finance v. Sanjib Bhowmik and Anr.
Case brief
What is this about?
The Appellate Tribunal recalled an order dated 30.03.2023 based on the appellant's explanation of medical grounds preventing appearance. It restored the underlying appeal and fixed dates for filing opposition and rejoinder.
What did the court decide?
Order dated 30.03.2023 recalled; Appeal Dy. No. 05 of 2023 restored. Time fixed for filing opposition.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appl. No. 290 of 2023
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
12.07.2023
Fullerton India Home Finance Co. Ltd. & Anr.
… Appellants
Vs. Sanjib Bhowmik & Anr. ….. Respondents
For Appellant : Mr. Zafar Sultan , ld. Counsel. Ms. Sadhana Sultana, ld. Counsel. For Respondent : Ms. Jayati Chakraborty, ld. Counsel Mr. N. Srinivas, ld. counsel
THE APPELLATE TRIBUNAL :
MA. Dy. No. 290 of 2023 is filed by the appellant for recalling of the order 30.03.2023 and restoration of Appeal Dy. No. 05 of 2023.
Heard learned counsel for the parties. Learned counsel for the appellant submits that advocate on record could not appear on 30.03.2023 due to certain medical ground.
Issues for consideration
1 issue framed by the court
Whether the medical explanation of the appellant's advocate is sufficient to recall the ex-parte order dated 30.03.2023?
Parties & counsel
- appellant
Fullerton India Home Finance Co. Ltd. & Anr.
- respondent
Sanjib Bhowmik & Anr.
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
3 orders share this CNR
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