The tribunal found an IA seeking substitution of minor legal representatives defective as no application for impersonating a guardian ad litem was moved; directable appellant to cure defect.
Appellant directed to remove defects within a week regarding the IA.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 36 of 2017
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
12.09.2023 Nihar Ranjhan Dash ... Appellants -VsBank of India Ms. Shreya Basu, Learned Counsel Ms. Debdatta Chakraborty, Learned Counsel for the Appellant. Mr. Paresh Nath Ray, Mr. Soumya Ray, Ms. Anwesha Saha, Learned Counsel for the Respondents No. 1, 2 and 3 Mr. Nemani Srinivas, Learned Counsel for the Respondents No. 6, 7 and 8.
THE APPELLATE TRIBUNAL :
I.A. No. 570 of 2023 application for substitution of the legal representative of Respondent Nos. 4 and 5. Proposed legal representatives Respondent No. 4(b), 4(c) and 5(b) are minors. But no application for appointment of guardian ad litem is moved. Application is defective and not in accordance with law. Appellant is directed to remove the defects within a week.
List on 19th September, 2023 for further orders.
(Anil Kumar Srivastava,J) Chairperson
Dated: 12th September, 2023 2/tp
2
1 issue framed by the court
Whether an IA applying for substitution of minor legal representatives without appointment of guardian ad litem is maintainable.
Nihar Ranjhan Dash
Bank of India
Anil Kumar Srivastava
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
