Arun Das and Anr. versus Pijush Kanti Das and Ors.

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal No. 220 of 2017)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

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CHAIRPERSON

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08.06.2023

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Arun Das & Anr … Appellant -VsPijush Kanti Das and ors ….Respondents Mr. J. Basu Roy, Learned Counsel for the Appellant. Mr. Nimesh Mishra, Learned Counsel Mr. Debjit Mukherjee, Learned Counsel for the Respondent No. 1 and 2. Mr. Ajit Kr. Mondal, Learned Counsel Mr. Partha Mukherjee, Learned Counsel for the Respondent No. 3.

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THE APPELLATE TRIBUNAL :

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At the very outset Learned Counsel for the Respondent submits that the typed copy of the agreement which is at page No. 372 to 376 of the Paper Book is filed by the Appellant along with an Affidavit wherein no opportunity to file counter was given to the Respondent. But in the typed copy at page No. 5 after the date 14.03.89 there are two more hand written entries which are not typed in the typed copy. Hence, it could not be taken on record and nor opportunity be granted for filing opposition.

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Learned Counsel for the Appellant submits that the typed copy is filed as the photostat copy in the Paper Book

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2

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was not legible. However, Learned Counsel submits that he will place reliance upon the Paper Book containing the agreement. Since the agreement in question is not very legible, Appellant as well as Respondents both are directed to file a fresh typed copy of the agreement from page No. 372 to 376 of the Paper Book.

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List of dates filed by the Appellant is taken on record.

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List on 8^th August, 2023 for hearing of Appeal.

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(Anil Kumar Srivastava,J) Chairperson

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Dated 8^th June, 2023 12/tp

Arun Das and Anr. v. Pijush Kanti Das and Ors.

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Arun Das and Anr. v. Pijush Kanti Das and Ors.

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