Idbi Bank v. Ms D P Agro Mills Private Limited
Case brief
What is this about?
The Debt Recovery Appellate Tribunal recalled an order of default dismissal of an appeal to allow it to be registered. It directed the appellant to serve a paper book and listed an intervention application for hearing.
What did the court decide?
The order dated 17.04.2023 was recalled; the appeal was to be registered.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Application Dy No. 331 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
13.07.2023
IDBI Bank Ltd. & Anr ... Appellants -VsDP Agro Pvt. Ltd. & ors ... Respondent
Mr. S.V. Ramani, Learned Counsel for the Appellant Mr. Nimesh Mishra, Learned Counsel Mr. Debjit Mukherjee, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Admission
Mr. Nimish Mishra, Learned Counsel has put an appearance for Respondent Nos.1 and 2. Appeal was dismissed in default on 17th April, 2023. Dy. No. 331 of 2023 application for recall of the order dated 17.04.2023.
Heard the Learned Counsel for the parties and perused the record. Learned Counsel for the Appellant submits that on the date fixed i.e. on 17.04.2023 Learned Counsel could not appear as he was out of station for his medical treatment.
Issues for consideration
2 issues framed by the court
Whether the order of default dismissal dismissing the appeal should be recalled due to the absence of counsel for medical treatment.
Whether to direct the appellant to serve the paper book for the reply to the intervention application.
Parties & counsel
- appellant
IDBI Bank Ltd. & Anr
- respondent
DP Agro Pvt. Ltd. & ors
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
5 orders share this CNR
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