Ganesh Lal Kedia and Ors. v. State Bank of India

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

Appeal No. 01 of 2011

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

03.08.2023 Ganesh Lal Kedia & 2 ors ... Appellants -VsState Bank of India & ors ... Respondent Mr. Souritra Ganguly, Learned Counsel, Ms. Shristi Sharma, Learned Counsel for the Appellant. Ms. Poetry Dutta, Learned Counsel for the Respondent

THE APPELLATE TRIBUNAL :

Heard the Learned Counsel for the Appellant for quite a long time for about an hour. During the course of hearing, it transpires that this Appeal was dismissed in default on 3^rd August, 2018 at Camp Court Cuttack. Thereafter, application no. 261 of 2018 was filed on the ground that Learned Counsel for the Appellant is not keeping well and the matter was also pending before the Hon’ble High Court. So, Learned Counsel could not appear. It appears that thereafter C.O. No. 1663 of 2018 Ganesh Lal Kedia & ors Vs. State Bank of India was decided by the Hon’ble High Court on 05.12.2018 wherein the impugned order passed by DRAT regarding pre-deposit was set aside. It was further directed that Application under Section 21 of the SARFAESI Act shall be considered by the DRAT as and when certificate is issued

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by the DRAT towards any amount found due and payable by the revisionist in favour of the opposite parties and as may be recorded that in that record any certificate that the Tribunal may choose to issue against the revisionist. A direction was also issued that upon issuance of a certificate, the question of pre deposit shall be decided afresh by the Appellate Tribunal. In view of this fact, that the C.O. was pending before the Hon’ble High Court to the date of dismissal and the Learned Counsel was not able to appear due to his illness, I recall the dismissal order dated 03.08.2018 and the Appeal is restored to its original number.