Appeal adjourned in default as Appellant failed to present the paper book; costs imposed and list fixed.
Adjournment granted subject to payment of Rs.3000 costs and filing of complete paper book.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 13 of 2018 (Arising out of S.A. 89 of 2013 in DRT-III, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
16.01.2023 Shankar Sharma … Appellant -VsCorporation Bank & 3 Others … Respondents
Mr. Prasenjit Mukherjee, with Mr. Saptarshi Chakraborty Learned Counsel for Appellant
Ms. Smruti Rekha Mishra, Learned Counsel for Respondent Bank
THE APPELLATE TRIBUNAL :
Matter is taken up for hearing. Record of the proceedings shows that Appellant is continuously avoiding hearing of the appeal. Specific order was passed on 11th January, 2023 directing that the argument should be placed on the date fixed, i.e. today.
At the very initial stage when Learned Counsel for the Appellant began his submission, a query is raised about the copy of the SARFAESI Application filed by the Appellant before the Learned DRT. Learned Counsel failed to show copy of the SARFAESI Application in the paper book. Paper book itself is incomplete. It clearly shows the dilatory tactics being adopted by the Appellant.
For want of complete paper book hearing could not take place today.
Matter is adjourned subject to payment of Rs.3,000.00 (Rupees three thousand) only as costs by the Appellant; who should deposit the same before the State Legal
Service Authority before the next date of listing.
Complete set of paper book be filed by 24th of January, 2023.
List on 2nd February, 2023 for hearing of the appeal.
Non compliance of any of the orders passed above shall lead to dismissal of the appeal in default.
Liston 2nd February, 2023.
(Anil Kumar Srivastava,J) Chairperson
Dated: 16th January, 2023 13/ac
Shankar Sharma
Corporation Bank
3 Others
Anil Kumar Srivastava
As recorded by the court registry
9 orders share this CNR
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