Unilife Medical Services Pvt. Ltd. and Ors. versus State Bank of India

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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M.A. No. 12 of 2022

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In

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Appeal No. 122 of 2016

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(Arising out of M.A. 105 of 2015 in Appeal No. 06 od 2015 in DRT, Guwahati)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

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CHAIRPERSON

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22.02.2023 Unilife Medical Services Private Limited & 2 Others … Appellants -VsState Bank of India … Respondent Mr. Prasenjit Pal with Mr. Shiv Ratan Kakrania, Learned Counsel for Appellants Mr. Debasish Chakrabarti with Ms. Sharmistha Pal, Learned Counsel for Respondent Bank

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THE APPELLATE TRIBUNAL :

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I.A. 349 of 2022

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This application is filed under Section 5 of the Limitation Act by Appellants for condonation of delay in filing the Misc Application No. 12 of 2022.

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Heard the Learned Counsel for the parties.

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Going through the record, I find the ground, as made out in the application, is sufficient for condoning the delay in filing the misc application.

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The application, being I.A. 349 of 2022 is allowed by condoning the delay.

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M.A. 12 of 2022

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This misc application is for recall of the order dated 26^th July, 2022 dismissing the appeal on default by the Appellant.

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2

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It is submitted that on the date fixed Learned Counsel for Appellant completely missed the matter and the matter was dismissed.

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Learned Counsel for Respondent does not oppose to the matter being restored.

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Heard the Learned Counsel for the parties and going through the record, I find the ground, as made out in the application, is sufficient for recalling the order dated 26^th July, 2022.

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Accordingly, the Misc. Appeal No. 12 of 2022 is allowed.

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Appeal be restored to its original file and number.

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Pleadings are complete.

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List on 16^th May, 2023 for hearing.

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Dated: 22^nd February, 2023 02/ac

Unilife Medical Services Pvt. Ltd. and Ors. v. State Bank of India

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Unilife Medical Services Pvt. Ltd. and Ors. v. State Bank of India

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