Indian Overseas Bank v. M/S Harsh Cars
Case brief
What is this about?
In a miscellaneous application filed by Indian Overseas Bank seeking to recall a dismissal order for non-prosecution and restore an appeal, the court listed the matter before the Chairperson for directions while noting delays in serving the affidavit of newspaper publication.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Misc. Application No. 4/2020, Date : 03/01/2023 (Arising out of Appeal No. 307 of 2018)
Indian Overseas Bank ------ Misc. Applicant
Vs
M/s. Harsh Cars ------ Respondent
Ld. Counsel Mr. Sourav Mondal for Ld. Counsel Mr. Rajat Kanti Jha is present on behalf of Applicant. He prays for time to deposit deficit court fee before the Hon’ble Chairperson and also prays for time to file affidavit of service for newspaper publication.
None appears for Respondent.
It is observed that despite of third round of listing for filing affidavit of service in respect of newspaper publication upon respondent, Ld. Counsel for applicant is yet to file the same.
Vide order dated 06.09.2019 of Hon’ble Chairperson, the Appeal No. 307 of 2018 was fixed for hearing of deficit court fees on 26.11.2019. Thereafter the case was adjourned twice and finally the appeal was dismissed on 13/01/2020 for non-prosecution.
This Misc. Application No. 04 of 2020 was filed by Ld. Counsel Mr. Rajat Kanti Jha on 12.02.2020 on behalf of Indian Overseas Bank with a request to recall the order of dismissal of Appeal dated 13/01/2020 and restore the Appeal to its original file and number.
Issues for consideration
1 issue framed by the court
Whether to grant time for deposit of deficit court fee and filing affidavit of service.
Parties & counsel
- applicant
Indian Overseas Bank
- respondent
M/s. Harsh Cars
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court