M/S Ghosh Brothers Auto Pvt. Ltd. v. Idbi Bank
Case brief
What is this about?
The court allowed an application to recall an order dismissing an appeal due to lack of maintainability caused by recurrent defaults. Considering the appellant's conduct of lingering proceedings, the court imposed exemplary costs of Rs. 50,000 before the recall becomes effective.
What did the court decide?
Order dated 18.01.2023 recalled subject to payment of exemplary costs of Rs. 50,000 within one week.
What the court decided
1
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal M.A. Dy No. 130 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
13.03.2023
Ghosh Brothers Auto Pvt. Ltd.
… Appellant
-VsIDBI Bank Ltd.
… Respondents Mr. S. Mitra, ld. Counsel with Mr. F. Jana, ld. counsel for the appellant. Mr. D. Chakraborty, ld. Counsel with Ms. S. Pal, ld. counsel for the respondent.
THE APPELLATE TRIBUNAL :
The application for recall of the order dated 18.01.2023 passed by this Appellate Tribunal whereby the appeal Dy. No. 116 of 2019 was dismissed. Order dated 18.01.2023 shows that
adjournment was sought by the appellant on the ground that learned counsel is an outstation counsel residing at Guwahati and due to auspicious occasion of local harvest festival Magh Vihu he could not attend the hearing. Record shows that appellant was continuously seeking adjournment in this matter to linger proceedings before this Tribunal. The application for condonation of delay and application for waiver from making pre-deposit are pending since 2019. On the last date of hearing on 14.11.2022 adjournment was sought on the ground of illness of the learned counsel. On that date it was specifically mentioned in the order that no adjournment shall be granted and the matter shall be heard and disposed of the next date. On 18.01.2023 when adjournment was sought through e-mail message it was declined and delay application and waiver application were dismissed for
Issues for consideration
2 issues framed by the court
Whether the appellant is entitled to recall the order dismissing the appeal as not maintainable.
Whether the appellant has been condoning the order in view of their conduct of lingering proceedings.
Parties & counsel
- appellant
Ghosh Brothers Auto Pvt. Ltd.
- respondent
IDBI Bank Ltd.
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
4 orders share this CNR
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