M/S Ghosh Brothers Auto Pvt. Ltd. v. Idbi Bank
Case brief
What is this about?
The Debt Recovery Appellate Tribunal dismissed an appeal as time-barred and not maintainable. The adjournment request due to a festival was declined despite prior specific directions. Applications for condonation of delay and waiver were dismissed in default due to the appellant's absence.
What did the court decide?
The prayer for adjournment was declined. The applications for condonation of delay and waiver were dismissed in default. The appeal was dismissed as time-barred and not maintainable.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 116 of 2019
(Arising out of O.A. 132 of 2015 in DRT, Guwahati)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
| 18.01.2023 | M/s. Ghosh Brothers Private Limited & 3 Other … Ap -Vs- IDBI Bank Limited … Res |
Auto s pellants pondent |
|---|---|---|
| None for Appellants | ||
| Ms. Sarmishtha Pal, | led by | |
| Mr. Debasish Cha Learned Counsel for Resp |
krabarti, ondent |
THE APPELLATE TRIBUNAL :
Matter is taken up in the second call. None appears to represent the Appellants while Learned Counsel for Respondent is present.
An e-mail message is received from Mr. Sanjay Mitra, Learned Counsel, to the effect that he is an outstation Counsel residing at Guwahati and due to auspicious occasion of local harvest festival, i.e. Magh Vihu, he will not be able to attend the hearing and a request for adjournment is made.
Record shows that continuously Appellants are seeking adjournment on one ground or the other. On the last occasion, i.e. on the 14th of November, 2022, request for adjournment was received through e-mail on the ground of illness of the Learned Counsel. Such request was conceded to with but a specific direction was made to the effect that if
Issues for consideration
2 issues framed by the court
Whether an adjournment can be granted due to the Magh Vihu festival given previous specific directions against such grounds.
Whether an appeal against a DRT order, which has expired for condonation of delay and waiver of time limits, is maintainable.
Parties & counsel
- appellant
M/s. Ghosh Brothers Private Limited & 3 Others
- respondent
IDBI Bank Limited
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · January
- CNR
- 191090001162019
- Topic
- Banking and Recovery
All orders in this case
6 orders share this CNR
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