This court allowed an application seeking to file additional evidence regarding the affixation of a possession notice as an enclosure to the Memo of Appeal in a bank recovery matter.
The application for filing additional evidence is allowed. Opposers to file opposition within three weeks.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 11 of 2020
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
30.06.2023 Canara Bank … Appellant -vsM/s. Rusni Distilleries Private Limited & 3 Others.. Respondents
Mr. Debasish Chakrabarti with Ms. Sharmistha Pal, Learned Counsel for Appellant
Mr. Nemani Srinivas, Learned Counsel for Respondent No. 1
THE APPELLATE TRIBUNAL :
I.A. Diary No. 562 of 2023
An Application under Order 41 Rule 27 of the C.P.C. for filing additional evidence regarding affixation of possession notice as enclosure to the Memo of Appeal. It is submitted that since there was no specific case against non-affixation of the notice, the document could not be filed.
Learned Counsel for Respondent, however, opposed such submission.
Going through the record, I find the ground, as made out in the application, is sufficient.
Accordingly, the application, being I.A. Diary No. 562 of 2023, is allowed.
Respondents may file opposition within three weeks with copy to the Appellant. Rejoinder, if any, be filed within a week thereafter. List on 23rd August, 2023 for hearing of appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 30th June, 2023 13/ac
1 provisions across 1 enactments
Canara Bank
M/s. Rusni Distilleries Private Limited & 3 Others
Anil Kumar Srivastava
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
