Kennington Industries Private Limited v. State Bank of India

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

Diary No. 414 of 2022 (Arising out of S.A. 95 of 2021 in DRT-I ,Hyderabad)

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

09.01.2023 M/s. Kennington Industries Private Limited … Appellant -VsState Bank of India & 3 ors … Respondent

Ms. D.N. Sharma, Learned Counsel, Ms. Sanjukra Mukherjee, Learned Counsel, Ms. Urbi Roy, Learned Counsel for Appellant

Mr. Debasish Chakrabarti with Ms. Sharmistha Pal, Learned Counsel for Respondent

THE APPELLATE TRIBUNAL :

I.A. No. 277 of 2022 application for waiver is moved by the Appellant. Learned Counsel the Appellant submits that he is neither the borrower nor the guarantor. Learned Counsel for the Respondent has not filed any written objection but orally objected for the Respondents.

Having considered the submissions made by the Learned Counsel for the parties, I find the Appellant’s ground to be sufficient. Accordingly, I.A. No. 277 of 2022 is allowed. Opposition to the Appeal filed today by the Respondent is taken on record. Copy is served upon the Appellant who may file rejoinder within three weeks.