Ram Niwas Agarwal v. Punjab National Bank
Case brief
What is this about?
On merits disposal of pending debt recovery appeal against United Bank of India. Tribunal noted bank's non-appearance despite service and issued notice to Zonal Manager, threatening disciplinary action if non-appearance continues at next hearing.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl. No. 126 of 2018
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
22.08.2023
Ram Niwas Agarwal
… Appellant Vs. AO, United Bank of India ….. Respondents
For Appellant : Mr. Dipanjan Dutta, ld. Counsel. Mr. S. Chowdhury, ld.. counsel. For Respondent : Ms. Aruna Ghosh, ld.counsel.
THE APPELLATE TRIBUNAL :
Supplementary affidavit filed by the appellant is taken on record. This appeal is pending since 2018. It appears that Punjab National Bank is the respondent who has been duly served. Despite service, neither any officer of the Punjab National Bank nor any learned advocate on their behalf is appearing. The appeal is to be disposed of on merit, but bank is not represented through its advocate nor send any officer to assist the Tribunal.
Let a notice be issued to the Zonal Manager, Kolkata, Punjab National Bank, United Tower, 11, Hemanta Basu Sarani, B.B.D Bag, Kolkata – 700001 intimating the fact that despite granting sufficient time and service of notice neither any bank officer nor learned advocate on their behalf is appearing to contest the matter for the reasons best known to them. It should also be informed that if on the next date of hearing competent officer of the bank is not present to assist the Tribunal the matter shall be disposed of on merit and it shall also be brought to the notice of the Ministry of Finance for initiating appropriate action against the erring officer of the bank. Registry is directed to comply with this order within three days.
Issues for consideration
2 issues framed by the court
Whether the debt recovery appeal can be disposed of on merit in absence of bank representation despite service of notice.
Whether the non-appearance of bank officer or advocate warrants initiating disciplinary action.
Parties & counsel
- appellant
Ram Niwas Agarwal
- respondent
AO, United Bank of India
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
13 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court