Ghosh Brothers Motors Pvt. Ltd. v. Idbi Bank
Case brief
What is this about?
The Tribunal dismissed the appeal as time-barred and not maintainable. It refused an adjournment request citing a local festival, applying a prior specific direction against such grounds. Applications filed without appearance were dismissed in default.
What did the court decide?
The appeal is dismissed as time-barred and not maintainable; adjournment is declined; default applications are dismissed.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 117 of 2019
(Arising out of O.A. 141 of 2016 in DRT, Guwahati)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
18.01.2023 M/s. Ghosh Brothers Motors Private Limited & 4 Others … Appellants -VsIDBI Bank Limited … Respondent None for Appellant Ms. Sarmishtha Pal, led by Mr. Debasish Chakrabarti, Learned Counsel for Respondent
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
3 issues framed by the court
Whether the appeal is maintainable given its time-barred nature.
Whether the request for adjournment due to a local festival is legitimate.
Whether applications for condonation of delay should be granted in default of appearance.
Parties & counsel
- appellant
M/s. Ghosh Brothers Motors Private Limited & 4 Others
- respondent
IDBI Bank Limited
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
6 orders share this CNR
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