The Debt Recovery Appellate Tribunal allowed an application for recall of an order dismissing a draft appeal due to want of prosecution, accepting the appellant's counsel's explanation of personal illness, and restored the appeal.
MA No. 11 of 2020 allowed; Order dated 13.02.2020 recalled; Appeal restored to original number.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Misc. Application 11 of 2020)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
16.06.2023
State Bank of India … Appellant
-Vs-
United Bank of India & Anr ….Respondents Mr. P. K. Roy, Ld. Counsel Mr. S. Bandopadhyay, Learned Counsel for the Appellant Mr. Nemai Kumar Purkait, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Misc. Application No. 11 of 2020 application for recall of the order dated 13.02.2020 dismissing the Appeal for want of prosecution. It appears that the matter was listed on 13.02.2020 for hearing wherein none was present for the Appellant. Learned Counsel for the Appellant submits that on the date fixed he accompanied his father to Amri Hospital for certain investigations. Hence, he could not appear before the Appellate Tribunal.
I have heard the Learned Counsel for the parties and perused the record. I am of the view that since the Application is moved on the personal ground of the Learned Counsel, I found the ground to be sufficient. Accordingly, MA No. 11 of 2020 is allowed. Order dated 13.02.2020 is recalled. Appeal is restored to its original number.
2
List on 7th August, 2023 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated 16th June, 2023 4/tp
1 issue framed by the court
Whether to allow an application for recall of an order dismissing an appeal due to want of prosecution based on the counsel's personal illness.
State Bank of India
United Bank of India & Anr
Anil Kumar Srivastava
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
