Rajnish Infrastructure Pvt. Ltd. v. State Bank of India

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

M.A. DY. No. /575/ 2022, Date : 10.02.2023 (Arising out of Appeal 85 of 2017)

Rajnish Infrastructure Private Limited ------- Appellant

Versus

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

Ld. Counsel Mr. Tanay Agarwal appears on behalf of appellant and files affidavit of service.Ld.Counsel submits that hand service upon respondent No. 5 to 9 are received by one Shri Sakti Pada Das on 09/02/2023 and hand services upon respondent No. 3 & 4 are received by respondent bank.Ld.Counsel also submits that Ld. Advocate Ms. Mekhala Kanji appearing on behalf of respondent No. 1was served the petition already, for which affidavit of service was filed as on 03/02/2023.He also undertakes to file affidavit of service upon remaining respondent No. 2 by 13/02/2023 and prays to place the matter before Hon’ble Chairperson.

It is seen that there are 9 (nine) respondents in the I.A. No. 54 of 2023 filed by Ld. Counsel for appellant on 03/02/2023 but as per memorandum of appeal there are 6(six) respondents. In this regard, Ld. Counsel submits that officer of the respondent bank have been added as respondent No. 2 & 3 since the instant application has been filed in the nature of contempt petitionfor non-comply of order dated 31/08/2022 passed by the Hon’ble Chairperson. He also submits that Sri Partha Sarathi Sirkar (since deceased) has been erroneously added as a party as respondent No. 8 in the petition and same may be deleted.

None appears for respondents.