Tata Capital Housing Finance Ltd. and Anr. v. Samir Nath
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl No. 19 of 2020
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
26.04.2023
Tata Capital Housing Finance Ltd. & Anr. Appellants
Vs. Samir Nath ….. Respondents
For Appellant : Mr. Rajeev Maity, ld. Counsel.
For Respondent: None
THE APPELLATE TRIBUNAL :
Only ground in the impugned judgement is that notice was not published in Vernacular i.e. Bengali language. Learned counsel submits that it was published and was placed before learned DRT, but somehow it lost sight of at the time of delivering judgement. Learned counsel also tried to refer a copy of the publication. It is to be ascertained whether the same was filed before learned DRT or not because a specific finding is recorded by the learned Presiding Officer at page 4 and 5 that no such document was filed by the financial institution before DRT. In such circumstances, appellant should file an affidavit to this effect enclosing certified copy to be obtained from learned DRT.
Parties & counsel
- appellant
Tata Capital Housing Finance Ltd. & Anr.
- respondent
Samir Nath
Coram
Anil Kumar Srivastava
Case details
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