Ghosh Brothers Automobiles Pvt. v. Idbi Bank Ltd.
Case brief
What is this about?
On default dismissal of miscellaneous applications for limitation condonation and waiver of pre-deposit due to appellants' absence and lack of vakalatnama, the Appellate Tribunal dismissed the time-barred appeal.
What did the court decide?
I.A. 427 of 2019 and I.A. 428 of 2019 dismissed in default; Appeal Diary No. 119 of 2019 dismissed as time-barred and not maintainable.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Application Diary No. 126 of 2023
In Diary No. 119 of 2019
(Arising out of O.A. 268 of 2015 in DRT, Guwahati)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
26.04.2023 Ghosh Brothers Auto Sales Private Limited & Another … Appellants
-VsIDBI Bank Limited ... Respondent
None for the Appellants
Mr. Debasish Chakrabarti with Ms. Sharmistha Pal, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
The matter is taken up in the revised list.
Learned Counsel for the Appellants is not present. One Ms. Ankita Sett appeared on behalf of the Appellants, who has not filed Vakalatnama on behalf of the Appellants. In such circumstances, there is no representation from the side of the Appellants to proceed with the matter.
Issues for consideration
2 issues framed by the court
Whether miscellaneous applications for condonation of delay and waiver of pre-deposit could be decided in absence of counsel for appellants
Whether the appeal was maintainable given the failure of appellants to file vakalatnama
Parties & counsel
- appellant
Ghosh Brothers Auto Sales Private Limited & Another
- respondent
IDBI Bank Limited
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 191090001262023
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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