The Debt Recovery Appellate Tribunal at Kolkata dismissed an appeal at the admission stage as no submissions were made on merits and no ground for admission existed.
Appeal dismissed at admission stage; pending applications disposed of accordingly; interim orders vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No. 435 of 2021)
(Arising out of S.A. No. 220 of 2019 in DRT Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
06.02.2023
M/s Sri Prasanna Anjaneya Raw and Boiled Rice Mill … Appellant -VsState Bank of India & Anr ….Respondents
Ms. Swarnali Dutta, Learned Counsel for the Appellant Mr. S. Pal Chowdhury, Learned Counsel for the Respondent Nos. 1 & 2.
THE APPELLATE TRIBUNAL :
Admission
Heard the Learned Counsel for the Appellant, Ms. Swarnali Dutta. Learned Counsel failed to make any submission except for that one matter of the same party is listed on some other date.
This could not be a ground for admission of the Appeal. Further, Learned Counsel submits that the matter is fixed for hearing of waiver application. I have gone through the record. Order of Registry dated 7th July, 2022 was recalled vide order dated 15th November, 2022. Neither Appeal is admitted nor any notices are issued. Learned Counsel failed to make any submission on merits. In such circumstances, I do not find any ground to admit the appeal or to issue
2
notices. Accordingly, Appeal is dismissed at admission stage.
Pending I.A.s if any, are disposed of accordingly. Interim order, if any, stands vacated.
Copy of the order be supplied to the Appellant and the Respondent and the copy be also forwarded to the concerned DRT.
File be consigned to Record Room.
Order dictated, signed, dated and pronounced in open Court today.
(Anil Kumar Srivastava,J) Chairperson
Dated 6th February, 2023 3/tp
M/s Sri Prasanna Anjaneya Raw and Boiled Rice Mill
State Bank of India
Anil Kumar Srivastava
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
