Single judge order disposing of preliminary applications seeking condonation of delay for substitution and setting aside abatement due to death of the sole appellant and his wife, followed by listing for appeal hearing.
Allowed applications for condonation of delay, substitution and setting aside abatement; appeals listed for hearing.
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. 244 of 2018
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
23.03.2023 Abdus Salam … Appellant -VsPunjab National Bank & 2 Others … Respondents
Mr. Rakesh Dubey, Learned Counsel for the Appellant
Ms. Aparajita Rao with Ms. Ankana Basu, Learned Counsel for Respondent No. 1/ Bank
Mr. S.K. Bajoria, Learned Counsel for the Respondent No. 3/Auction Purchaser
THE APPELLATE TRIBUNAL :
I.A. 330 of 2022
Application for setting aside abatement in filing substitution application.
I.A. 328 of 2022
Application for substitution of the legal representatives of the sole Appellant who died on 8th February, 2022. It is brought on record that the wife of the sole Appellant has also expired on 31st July, 2022.
I.A. 329 of 2022
Application for condonation of delay in filing the substitution application.
Heard the Learned Counsel for the parties and perused the record. I find the ground to be sufficient for condoning
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the delay. Accordingly, delay in filing the substitution application is condoned. Consequently, application for setting aside abatement and for substitution is also allowed.
Accordingly, all the three applications, being I.A. 328 of 2022, I.A. 329 of 2022 and I.A. 330 of 2022, stand disposed of.
Necessary amendments be carried out in a week. Pleadings are complete.
List on 27th June, 2023 for hearing of appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 23rd March, 2023 01/ac
Abdus Salam
Punjab National Bank
Other 1
Other 2
Anil Kumar Srivastava
As recorded by the court registry
9 orders share this CNR
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