Ms Sri Prasanna Anjaneya Raw and Boiled Rice Mill v. State Bank of India

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

Misc. Application Dy. No. 180 of 2023 Date: 17/05/2023

(Arising out of Dy No. 435 of 2021)

M/s. Sri Prasanna Ajaneya

Raw and Boiled Rice Mill ------------ Applicant

Versus

State Bank of India & Ors. ------------ Respondents

Ld. Advocate Mrs. Swarnali Dutta appears on behalf of Applicant and submits that newspaper publication in respect of Respondent No.3 has been made but it is not produced today as the same has not been reached to her from client. Ld. Advocate prays for time to file affidavit of service for newspaper publication.

None appears for Respondents.

Received this Misc. Application through online on 13/03/2023 (hard copy received on 24/03/2023) being Misc. Application Dy. No. 180 of 2023 along with delay petition being I.A. 131 of 2023 filed by Ld. Advocate Mr. P. Srinivas on behalf of Applicant, with a request to set aside the order dated 06/02/2023 passed by Hon’ble Chairperson in Dy. No. 435 of 2021 and restore the instant appeal. Affidavit of service was filed along with the Misc. Application but it was observed that out of three respondents, service in respect of Respondent No. 3 was not confirmed. Ld. Advocate for Applicant was directed vide order dated 28/03/2023 for newspaper publication upon Respondent No. 3. Accordingly ld. Advocate submitted affidavit of service in respect of newspaper publication on 10.04.2023. However it was observed matter was published with wrong case number. Hence, as per the prayer of the ld. advocate it was directed for republication of the matter in newspaper and file affidavit of service.