The Debts Recovery Appellate Tribunal admitted an appeal only for listing to obtain a report on the alleged delay in filing. The court ordered the registrar to report on the date the impugned order was uploaded before deciding admission.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Dy. No. 598 of 2023
(Arising out of SA No. 244 of 2022 in DRT, Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
03.10.2023
A. O. State Bank of India & Anr
... Appellants -Vs-
M/s Sree Lakshmi Silks & Ors Mr. S. Pal Chowdhury, Learned Counsel, Ms. Saswati Sikder, Learned Counsel for the Appellant None for the Respondent
THE APPELLATE TRIBUNAL :
Admission
Instant appeal has been preferred against an order dated 27th July, 2023 with the delay. No application under Section 5 of Limitation Act is filed. Learned Counsel for the Appellant submits that on the basis of a letter dated 14.09.2023 sent by the Authorised officer State Bank of India SARB Visakhapatnam to the Registrar DRAT Kolkata stating that the impugned order was uploaded on 11.08.2023. It is an allegation made by the Authorised Officer against DRT Visakhapatnam which needs an enquiry about the correctness of the allegation made by the Authorised Officer.
Let a report be called from the Registrar DRT Visakhapatnam on the issue as to whether the impugned
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order was uploaded on 11.08.2023 or on which date it was uploaded. Report should be submitted within three days. List on 9th October, 2023 for admission.
(Anil Kumar Srivastava,J) Chairperson
Dated: 3rd October, 2023 1/tp
1 issue framed by the court
Whether the appeal lodged with delay deserves admission pending enquiry into the alleged date of order upload.
State Bank of India & Anr
M/s Sree Lakshmi Silks & Ors
Anil Kumar Srivastava
As recorded by the court registry
5 orders share this CNR
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