Order fixing reduced costs and listing a waiver application; appeal dismissed for default if costs unpaid; I.A. for recall disposed; hearing fixed next session.
Costs reduced to Rs. 15,000; I.A. 381/2023 disposed; Appeal to stand dismissed if not paid by deadline.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 01 of 2011
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
06.10.2023 Ganesh Lal Kedia & 2 Others … Appellants -VsState Bank of India & 8 Others … Respondents Mr. Souritra Ganguly with Ms. Surabhi Banerjee and Ms. Shristi Sharma, Learned Counsel for the Appellants
Ms. Suparna Biswas representing Ms. Poetry Dutta, Learned Counsel for Respondent/SBI
THE APPELLATE TRIBUNAL :
This is an appeal of 2011. On 3rd August, 2023 a detailed order was passed. Order dated 3rd August, 2023 would reveal that the matter was heard for about an hour and the Learned Counsel for Appellant made submissions. But during the course of hearing it transpired that the copy of the second waiver application, being Application No. 318 of 2017, was not served upon the Respondents, hence effective order could not be passed without affording opportunity of filing objection to the Respondents. Accordingly, the matter was adjourned subject to payments of Rs.20,000.00 as costs. Copy of Application No. 318 of 2017 was served on 3rd August, 2023. I.A. 381 of 2023 is moved for recall of the order dated 3rd August, 2023 on different grounds.
2
I have heard the Learned Counsel for Appellants. Learned Counsel for Appellant submits that the Appellant No. 2, Smt. Uma Kedia, expired in the year 2021. Appellant No. 1 is an aged person having income of Rs.30,000.00 per month. He is not in a position to deposit Rs.20,000.00 as costs. That apart, submission is also made that an affidavit is filed by Smt. Uma Kedia in the year 2023 while she died on the 10th of June, 2021. The issue of an application being filed by a dead person would be seen at the time of hearing. This issue is kept open.
Since a prayer for reducing the amount of Rs.20,000.00 as costs on the ground that Appellant no. 1 is an aged person suffering from various ailments and Appellant No. 3 being a patient of cancer, the cost imposed is reduced to Rs.15,000.00 (Rupees fifteen thousand) to be deposited by Monday, the 9th of this month. If the amount is not deposited by Monday, the appeal shall stand dismissed for default for non compliance of the order.
I.A. 381 of 2023 is accordingly disposed of.
List on 10th October, 2023 for disposal of Application No. 318 of 2017.
It is made clear that no adjournment would granted to either party on any ground whatsoever it may be.
(Anil Kumar Srivastava,J) Chairperson
Dated 06th October, 2023 07/ac
Ganesh Lal Kedia & 2 Others
State Bank of India & 8 Others
Anil Kumar Srivastava
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
