Single judge order denied immediate adjournment in an appeal pending since 2017 due to appellant's delaying tactics. Adjourned for January 30, 2024, conditional on cost deposit.
Adjourned for hearing on 30th January, 2024, subject to deposit of Rs.50,000; next adjournment without deposit will lead to disposal.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No 247 of 2017
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
14.12.2023
M/s. Star Brillian ... Appellants -VsState Bank of India & ors ……Respondents
Mr. Swarbhanu Bhattacharya, Learned Counsel for the Appellant Mr. Subrata Kumar Sinha, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
A request is made by the Learned Counsel for the Appellant for adjournment on the ground that the time was granted for filing the rejoinder which could not be filed. Some time may be granted for filing the same. Perusal of the record will show that Affidavit in opposition was filed on 17.06.2022. Thereafter, time was granted for filing rejoinder till 30th August, 2022. On 30th August, 2022 on the request of the Learned Counsel for the Appellant time till 14th December, 2022 was granted. Since then, matter was adjourned on several dates. On 18.09.2023 a specific order was passed that no further adjournment shall be granted as the adjournment was sought on the personal ground of the Learned Counsel for the Appellant who comes from
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Hyderabad. Today again adjournment is being sought on the ground that time may be granted to file rejoinder.
Conduct of the Appellant shows that he is only interested in delaying the disposal of the Appeal which is pending since 2017. Such delaying tactics cannot be encouraged. However, the matter is adjourned for hearing on 30th January, 2024 for hearing subject to payment of Rs.50,000/-(Rupees fifty thousand) as cost to be deposited in favour of the State Legal Services Authority. Rejoinder if any, be filed within two weeks from today. If any further adjournment is sought, appeal shall be disposed of on the next date of listing.
(Anil Kumar Srivastava,J) Chairperson
Dated 14th December, 2023
10/tp
M/s. Star Brillian
State Bank of India
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
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