Allowed

Sanjib Kr Rout v. Manoj Kr Dash

DRAT5 Sept 2023REGULAR APPEAL/29/2020

Case brief

AI extract

What is this about?

The Tribunal allowed appellant's appeal and set aside the DRT order instant appeal was registered against. Due to the impugned order being set aside in a separate appeal, the registration of the instant appeal could not sustain, leading to its subsequent dismissal.

What did the court decide?

The order dated 27.04.2019 passed by the learned DRT, Cuttack in S.A. No. 03 of 2019 was set aside. The registration of the Special Appeal was not sustained. All subsequent proceedings were set aside.

Sanjib Kr Rout versus Manoj Kr Dash — Company and Corporate | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Appeal No. 29 of 2020

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(Arising out of S.A. 03 of 2019 DRT- Cuttack) THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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05.09.2023

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Sri Sanjib Kumar Rout, Managing Tristee of Rout Education Trust, 58, Surya Nagar, Unit – VII, Bhubaneswar, Dist. Khurda.

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… Appellant

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-Vs-

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Sri Manoj Kumar Dash, Managing Director, M/s. Kamyab Exports P. Ltd. at 301, Royal Heights Apartments, Jaydev Vihar, Bhubaneswar, Dist. Khurda, Odisha.

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State Bank of India, having office at OSCARD Bank Building, A/34, Jawaharlal Nehru Marg, Bhubaneswar – 751001.

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Nawal Kumar Agarwal, s/o Late Badri Prasad Agarwal, residing at 126A, Sri Orissa Saree Centre, Pithapur, Buxi Bazaar, Cuttack – 753001.

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Smt. Jayashree Sahu, residing at Flat No. 002, Amrita Residency, Jaydev Vihar, Bhubaneswar, Dist. Khurda.

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Sri Dusmanta Nayak residing at plot No. 69/1532,Acharya Vihar, Bhunaneswar, Disrt. Khurda.

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Sri Jyotirmaya Dash, residing at near Baruneswari Temple, Goura Dash Colony, Samantapur, Bhubaneswar, Dist. Khurda.

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… Respondents

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For the appellants : Mr. Subrata Kr Sinha, ld. Advocate for appellant

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For the respondents:Mr. Debasish Chakraborty, ld. Adv.- Resp.no.1.

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Ms. Sharmistha Pal,, ld. Advocate – Resp.no.1 Mr. Nimish Mishra, ld. Advocate – Resp.no. 2 Mr. Gourav Singh, ld. Advocate – Resp. no.2 Mr. Nemani Srivas, Learned Advocate

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THE APPELLATE TRIBUNAL :

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Instant appeal has arisen against the order dated 27.04.2019 passed by learned DRT, Cuttack in S.A. No. 03 of 2019 whereby S.A. was allowed. Feeling aggrieved the appellant preferred the appeal.

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Appeal no. 41 of 2020 is allowed today wherein order dated 10.01.2019 passed by learned DRT Cuttack in M.A. 1162 of 2017 has been set aside. Accordingly, M.A. 1162 of 2017 stands dismissed.

¶20

Since S.A. No. 03 of 2019 was registered in compliance of the order of learned DRT Cuttack condoning delay in filing the S.A. and the order condoning the delay has been set aside, the order of registration of the S.A. would not sustain. Hence, dismissed.

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Since the S.A. itself could not be registered, all the subsequent proceedings are liable to be set aside.

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O R D E R

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Appeal is allowed. Consequent upon the judgement passed in Appeal no. 41 of 2020, the order dated 27.04.2019 passed by learned Cuttack in S.A. no. 03 of 2019 is set aside. No order as to costs.

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File be consigned to record room.

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Copy of the order be supplied to the appellant and the respondent and a copy be also forwarded to the concerned DRT.

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Copy of the judgement/Final Order be uploaded in the Tribunal’s website.

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Order dictated, signed and pronounced by me in the open Court on this the 5th day of September, 2023.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 5th September, 2023

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/pkb

Sanjib Kr Rout v. Manoj Kr Dash

Case brief

What is this about?

What did the court decide?

Sanjib Kr Rout v. Manoj Kr Dash

Case brief

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