Partly allowed

M/S Marboh Bamboo Products Pvt. Ltd. v. State Bank of India

DRAT23 Aug 2023REGULAR APPEAL/48/2023

Case brief

AI extract

What is this about?

The tribunal recalled an order dismissing Appeal Diary No. 330 of 2020, treating it as a clerical error in relation to Appeal Diary No. 121 of 2019. The tribunal dismissed Appeal Diary No. 121 of 2019 for want of pre-deposit and directed transfer of opposition filed in the former to the latter file.

What did the court decide?

Order dismissing Appeal Diary No. 330 of 2020 is recalled; Appeal Diary No. 330 of 2020 restored. Appeal Diary No. 121 of 2019 dismissed for want of pre-deposit. Opposition in 121 of 2019 transferred

M/S Marboh Bamboo Products Pvt. Ltd. versus State Bank of India — Banking and Recovery | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Appeal No. 48 of 2023

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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23.08.2023 M/s. Marboh Bamboo Products Private Limited & 4 Others

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… Appellants

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-VsState Bank of India

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… Respondent Mr. Sanjay Mitra, Learned Counsel for Appellants

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Mr. Pankaj Kumar Mukherjee, Learned Counsel for Respondent

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THE APPELLATE TRIBUNAL :

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For Admission

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Heard the Learned Counsel for the parties and perused the record.

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It appears that in O.A. 227 of 2016 a counter-claim was also filed by the defendants. O.A. is decided vide order dated 19^th February, 2019 whereby Recovery Certificate for Rs.36,37,472.43 was issued against the defendants No. 1 to 4 and the counter claim filed by the defendants was dismissed.

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Feeling aggrieved, Appeal Diary No. 121 of 2019 was filed along with a separate Appeal Diary No. 330 of 2020. In Appeal Diary No. 121 of 2019 vide order dated 13^th March, 2023 all the reliefs except the relief for pressing the counter claim were not pressed. Accordingly, there was no requirement of pre deposit.

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An order was passed jointly in Appeal Diary No. 330 of 2020 and Appeal Diary No. 121 of 2019 wherein in the main Appeal Diary No. 121 of 2019 order for making pre deposit was passed which was not complied, accordingly, Appeal Diary No. 121 of 2019 should have been dismissed. But the order dated 13^th March, 2023 was transcribed on the record of Appeal Diary No. 330 of 2020. It is a typographical error which could be rectified.

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Accordingly, order dated 13^th March, 2023, as far as it relates to dismissal of Appeal Diary No. 330 of 2020, is hereby withdrawn and recalled and Appeal Diary No. 330 of 2020 is restored to its original file and number. However, Appeal Diary No. 121 of 2019 shall stand dismissed for want of pre deposit and non-compliance of the order dated 29^th August, 2022.

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A copy of this order be placed on the record of Appeal Diary No. 330 of 2020.

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Opposition filed by the Bank in Appeal Diary No. 121 of 2019 be brought on record of Appeal Diary No. 330 of 2020 with correction in the number of the appeal.

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List on 3^rd October, 2023 as earlier fixed.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 23^rd August, 2023 02/ac

M/S Marboh Bamboo Products Pvt. Ltd. v. State Bank of India

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M/S Marboh Bamboo Products Pvt. Ltd. v. State Bank of India

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