Order recalling a dismissal due to the death of the appellant's counsel. Restored original appeal number. Listed subsequent delay applications for hearing.
Order dated 22.03.2022 recalled; Appeal restored to original number; subsequent applications listed for hearing.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Misc. Appl. No. 04 of 2022 THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
13.10.2023
Nitay Basu &Anr. … Appellants Vs.
United Commercial Bank &Ors.
….. Respondents
For Appellant : Mr. Dipanjan Dutta, ld. Advocate
For Respondents : Mr. Samrat Mukherjee, ld. Advocate.
THE APPELLATE TRIBUNAL :
Misc. application no.04 of 2022 is an application for recalling the order dated 22.03.2022 passed by this Appellate Tribunal dismissing the application filed u/s 5 of the Limitation Actin default. Consequently, appeal was dismissed. Learned counsel for the appellant submits that the then learned counsel for the appellant expired who was looking after the litigation, as such, matter could not be pursued.
Having heard the submission of the learned counsel for the appellant I find that the ground is sufficient to recall the matter. Accordingly, order dated 22.03.2022 is recalled. Appeal Dy. No. 30 of 2019 is restored to its original number.
Let the application for condonation of delay and waiver application along with paper-book be served upon the respondent who may file opposition within four weeks with copy to the appellant who may file rejoinder within a week thereafter.
List the matter on 11.01.2024 for hearing of delay application and waiver application.
(Anil Kumar Srivastava, J) Chairperson
Dated : 13.10.2023 – 10 /pkb
Nitay Basu
United Commercial Bank
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
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