Auction Purchaser sought impleadment as respondent in appeal against setting aside of asset sale. Tribunal allowed the application for impleadment and granted time for filing affidavit of service.
Auction Purchaser (Applicant) impleaded as Respondent; Appellant granted two weeks to file Affidavit of Service.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 29 of 2019
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
28.03.2023 State Bank of India … Appellant -VsSmt. Kamlesh Devi Agarwal @ Konlesh Devi Agarwal & Another … Respondents
Mr. Rajat Chakrabarti, Learned Counsel for Appellant
Mr. Ajit Kumar Mishra with Mr. Abhishek Dey, Learned Counsel for Intervenor/Auction Purchaser
THE APPELLATE TRIBUNAL :
I.A. 128 of 2023
The Instant application is for impleadment of Auction Purchaser as Respondent.
Objection filed by the Appellant is taken on record.
Heard the Learned Counsel for the parties and perused the record.
It is apparent from the record that the Appellant is an Auction Purchaser. Learned DRT set aside the sale held on 27th September, 2016. Since the Applicant is Auction Purchaser is a necessary party, I.A. 128 of 2023 is allowed. Appellant is directed to implead the Applicant as Respondent in the appeal. Auction Purchaser may file opposition, if any, within three weeks.
It appears that the Appellant has not complied the order dated 27th February, 2023 regarding filing of Affidavit
2
of Service showing service upon substituted Respondents of deceased Respondent No. 1.
Learned Counsel for the Appellant prays for and is granted two weeks time to file Affidavit of Service.
List on 19th June, 2023 for hearing of the appeal as well as I.A. 373 of 2022.
It is made clear that no adjournment shall be granted on any ground whatsoever it may be.
(Anil Kumar Srivastava,J) Chairperson
Dated: 28th March, 2023 07/ac
1 provisions across 1 enactments
State Bank of India
Smt. Kamlesh Devi Agarwal @ Konlesh Devi Agarwal
Ajit Kumar Mishra
Anil Kumar Srivastava
As recorded by the court registry
15 orders share this CNR
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