Order listing for hearing. Court directed appellant to implead auction purchaser as respondent and specified timelines for filing vakalatnama, opposition, rejoinder, and service of paper book.
Directed appellant to implead auction purchaser as respondent within a week.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 36 of 2023)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
08.06.2023
Chandan Das … Appellant -VsState Bank of India & Anr ….Respondents
Mr. Samrat Mukherjee, Learned Counsel for the Appellant. Mr. Subrata Kr. Dutta, Learned Counsel for the Respondent Mr. Sailesh Kr. Mishra, Learned Counsel for the auction purchaser
THE APPELLATE TRIBUNAL :
Supplementary Affidavit filed by the Appellant is taken on record. Copy served upon the Respondent Bank. Affidavit of service is taken on record.
At the very outset Learned Counsel for the Auction purchaser submits that he is necessary party who is also made party before the DRT is not impleaded as Respondent in this appeal. Accordingly, Appellant is hereby directed to implead the auction purchaser as Respondent and move an appropriate application within a week.
Mr. S. Mishra, Learned Counsel undertakes to file the vakalatnama in due course. Learned Counsel for the Respondent No. 1 undertakes to file the vakalatnama within a week. Opposition to Appeal may be filed within two weeks
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with copy to Appellant who may file rejoinder within a week thereafter.
Paper Book be also served upon the Learned Counsel for the auction purchaser. Learned Counsel for the Appellant submits that as per the letter of the Respondent No. 1 dated 05.06.2023 a fresh order is passed by the District Magistrate Howrah vide memo No. 418/ RM dated 02.03.2023. Respondent No. 1 should provide copy of the same to the Appellant during the course of the day.
List on 4th August, 2023 for hearing of Appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated 8th June, 2023 16/tp
Chandan Das
State Bank of India
Auction purchaser
Anil Kumar Srivastava
As recorded by the court registry
8 orders share this CNR
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