A hearing record of an application regarding a stay petition where the court directed the respondent to file objections within two weeks.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Dy. No. 428 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
04.08.2023 Dinesh Agarwal ... Appellants -VsFullerton India Home Finance Ltd. & 3 ors ... Respondent Mr. Nimesh Mishra, Learned Counsel, Mr. Ankit Chatterjee, Learned Counsel for the Appellant. Mr. S.E. Huda, Learned Counsel Ms. Zafar Sultana, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Admission
The matter is taken up today on a put up application being I.A. No. 297 of 2023 which was filed on 3rd August, 2023 along with a supplementary affidavit of the Appellant annexing a copy of the order dated 27th July, 2023 passed by the Hon’ble Calcutta High Court in C.O. No. 2477 of 2023 Dinesh Agarwal Vs. Fullerton India Home Finance Ltd. & 3 ors. wherein this Appellate Tribunal was expected to hear the said application and dispose of the same within 7th August, 2023.
At the very outset it is to be brought on record that this order passed by the Hon’ble High Court was not brought to the notice of the Appellate Tribunal on 1st August, 2023
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when this matter was taken up for reasons best known to the Appellant. Further, on 3rd August, 2023 when the Board was over and the Board was to rise, Learned Counsel for the Appellant made a mentioning that he is filing a put up application along with the order of the Hon’ble High Court which may be taken up tomorrow i.e. on 4th August, 2023 as there is an order of the Hon’ble High Court. Mentioning was allowed. So, the matter is taken up today.
Hon’ble High Court has expected to decide the stay application within 7th August, 2023 vide order dated 27th July, 2023. The matter is brought to the notice of this Appellate Tribunal today only. Objections have yet to be filed as on 1st August, 2023 when the matter was listed, time was granted to the Respondent to file the objections against I.A. No. 254 of 2023 within two weeks which time has yet to lapse. However, keeping in view the order of the Hon’ble High Court, Respondent is hereby directed to file the objections by 7th August, 2023 with a copy to the Appellant who may also file the rejoinder if any, by 7th August, 2023.
List the matter on 7th August, 2023 for disposal of stay application i.e. I.A. No. 254 of 2023. It is made clear that in no circumstances, any adjournment shall be granted to the either side.
(Anil Kumar Srivastava,J) Chairperson
Dated: 4th August, 2023 1/tp
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Anil Kumar Srivastava
As recorded by the court registry
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