The Debt Recovery Appellate Tribunal directed the Deputy General Manager of UCO Bank to appear personally to comply with a prior order dated 06.10.2023, finding a deliberate attempt to disown the direction.
Deputy General Manager of UCO Bank directed to appear in person on 5th January 2024 to comply with order dated 06.10.2023.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 106 of 2022
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
23.11.2023
Sunirmal Saha and Anr ... Appellants -Vs-
UCO Bank & Anr ……Respondents
Ms. Setu Das Roy, Learned Counsel for the Appellant Mr. S. Pal Chowdhury, Learned Counsel Ms. Saswati Sikder, Learned Counsel for the Respondents
THE APPELLATE TRIBUNAL :
An order was passed on 06.10.2023 directing the Authorised Officer of the Respondent Bank to file his personal affidavit. Vide order dated 17.10.2023 a direction was issued that the affidavit is not in compliance with the order dated 06.10.2023. Further two week’s time was granted to comply the order dated 06.10.2023. The matter was fixed for today. Today Learned Counsel for the Respondent Bank again prayed for time submitting that the order dated 06.10.2023 was passed on the basis of wrong submission made by the Appellants. It is further submitted that an affidavit was filed but it was not accepted by the Court vide order dated 17.10.2023. He prayed for time to file another affidavit.
Be that as it may be, it is apparent from the record that the order dated 06.10.2023 was neither challenged by the
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Bank before the Hon’ble High Court nor complied. It shows the deliberate attempt by the Authorised officer to disown the orders which could not be permitted. In stead of passing adverse order, I find it appropriate to summon the competent authority of the Bank for complying the order dated 06.10.2023.
Accordingly, Deputy General Manager of the Respondent Bank should appear in person before the DRAT Kolkata on 5th January, 2024. Compliance of the order dated 06.10.2023 be also ensured.
List on 5th January, 2024.
Let a copy of this order be sent to the General Manager of UCO Bank by the Registry.
(Anil Kumar Srivastava,J) Chairperson
Dated: 23rd November, 2023 7/tp
Sunirmal Saha and Anr
UCO Bank & Anr
Anil Kumar Srivastava
As recorded by the court registry
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