Appeal against dismissal of an interim application on technical grounds regarding filing cure; matter remanded for fresh hearing.
Matter remanded to DRT-III, Kolkata to decide afresh after affording opportunity of hearing to both parties; Appellant to serve copy of I.A. upon Respondents.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 134 of 2022
(Arising out of I.A. 553 0f 2016 in O.A. 15 of 2014 in DRT-III, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
06.07.2023 M/s. Anant Trading Company & 2 Others … Appellants -VsPunjab & Sind Bank … Respondent Mr. Prasenjit Pal, Learned Counsel for the Appellants Mr. Ritoban Sakar with Ms. Tutul Das Singh and Ms. Akrity Gupta, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
I.A. 553 of 2016
Instant appeal arises against an order dated 19th December, 2019 passed by Learned DRT-III, Kolkata whereby Learned DRT has dismissed the I.A. on the ground that when the I.A. is recorded, filed and received is not on record.
At the very outset, after hearing the Learned Counsel for the parties, it is being observed that I.A. was dismissed not on merit rather on technical ground. Learned Counsel for Respondent submits that Appellant may be directed to serve copy of the I.A. upon the Respondents and the matter be remanded to Learned DRT for deciding the matter afresh.
Having considered the submission made by the Learned Counsel for the parties, I am of the view that since the
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matter is not decided on merits rather on technical grounds, it would be in the interest of justice that the matter be remanded to the Learned DRT to decide the matter afresh after affording opportunity of hearing to the parties.
O R D E R
The appeal is allowed. Matter is remanded to the Learned DRT-III, Kolkata to decide afresh after affording opportunity of hearing to both the parties. Appellant should serve copy to I.A. 553 of 2016 upon the Respondents who should be afforded opportunity to file the objection; thereafter, the Learned DRT should decide the matter in accordance with law expeditiously.
Copy of the order be supplied to Appellant and the Respondents and a copy be also forwarded to the concerned DRT.
File be consigned to Record room.
Order dictated, signed, dated and pronounced in open Court.
Copy of the Judgment/Final Order be uploaded in the Tribunal’s Website.
(Anil Kumar Srivastava,J) Chairperson
Dated 06th July, 2023 11/ac
M/s. Anant Trading Company & 2 Others
Punjab & Sind Bank
ANIL KUMAR SRIVASTAVA
As recorded by the court registry
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