Listed for argument regarding non-compliance of deposit directions and service of notices. Stayed the order to facilitate fresh notices and opposition filing with time limits for reply.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 111 of 2022)
(Arising out of S.A. No. 373 of 2021 in DRT Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
| 20.01.2023 | |
|---|---|
| Encore Asset Reconstruction Co. Pvt. Ltd. & ors … Appellant -Vs- |
|
| M/s Biomed (I) Health Care Pvt. | |
| Ltd. & ors ….Respondents |
|
| Mr. A.K. Dhandhania, Learned Sr. Counsel for the Appellant Mr. Nimesh Mishra, Learned |
|
| Counsel for the Respondent |
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the Appellant. Supplementary affidavit filed by the Appellant is taken on record. At the very outset, Learned Counsel for the Appellant made a statement at bar that the Respondents have not complied the directions passed by the Ld. DRT in its judgment dated 20th August, 2022 regarding deposit of interest and costs. Learned Counsel further submits that the notices were issued to the Respondents which were not served.
Learned Counsel submits that the operation of the impugned order may be stayed. One more S.A. is pending
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which is also on the same facts. Further, it is submitted that there is arguable point in the appeal wherein all the proceedings conducted by the Bank under the SARFAESI Act have been challenged and quashed.
Issue fresh notices to the Respondents. Affidavit of service file within a week. Respondent may file opposition within four weeks with advance copy to the Appellant who may file rejoinder within two weeks thereafter.
Till the next date of listing operation of the impugned order shall be stayed.
List on 4th April, 2023.
(Anil Kumar Srivastava,J) Chairperson
Dated: 20th January, 2023 1/tp
Encore Asset Reconstruction Co. Pvt. Ltd. & ors
M/s Biomed (I) Health Care Pvt. Ltd. & ors
Anil Kumar Srivastava
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
