Bela Saha and Ors. versus India Sme Asset Reconstruction Co. Ltd. and Anr.

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal No. 198 of 2018)

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(Arising out of S.A. No. 125 of 2015 in DRT-3 Kolkata)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

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CHAIRPERSON

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30.01.2023

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Sri Arabinda Saha and ors … Appellant -VsAuthorised Officer India SME Asset Reconstruction Co. Ltd. and ors ….Respondents Mr. Nimani Srinivas, Learned Counsel for the Appellant Mr. Dipanjon Dutta, Learned Counsel for the Respondent

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THE APPELLATE TRIBUNAL :

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Application No. 90 of 2018 application for waiver. Affidavit of service regarding Respondent No. 3 is on record by all the three modes including publication but are not represented. Service upon Respondent No. 3 is held to be substituted.

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I.A. No. 152 of 2022 an application under Section 5 of the Limitation Act for condoning the delay in moving the substitution application for substitution of legal representatives of Appellant No. 1 namely Sri Arabinda Saha. Learned Counsel for the Respondent opposes the prayer.

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2

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Heard the Learned Counsel for the parties and perused the record. I found the ground sufficient. Accordingly, I.A. No. 152 of 2022 is allowed. Delay in moving the substitution application is condoned.

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I.A. No. 151 of 2022 application for substitution of legal representative of Applicant No. 1 who are wife and son of the deceased. Power is already filed on behalf of the proposed legal representatives. Appellant No. 1 died on 5^th January, 2022. Accordingly, I.A. No.151 of 2022 is allowed. Substitution be carried out within a week. Let a copy of amended cause title be served upon the Respondent within three weeks. Appellant may file the rejoinder if any, within three weeks.

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List on 14^th February, 2023 for hearing of waiver application I.A. No. 90 of 2018.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 30^th January, 2023 8/tp

Bela Saha and Ors. v. India Sme Asset Reconstruction Co. Ltd. and Anr.

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Bela Saha and Ors. v. India Sme Asset Reconstruction Co. Ltd. and Anr.

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