The Debts Recovery Appellate Tribunal at Kolkata listed the appeal for hearing, refused a personal ground adjournment, and granted a final opportunity to argue before hearing on merits and disposal.
Final opportunity granted to argue; matter listed for hearing on 28th November 2023. No adjournment granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 49 of 2021
(Arising out of T.S.A. 04 of 2021 in DRT-II, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
13.10.2023 Indian Overseas Bank … Appellant -VsM/s. Pat International & 5 Others … Respondents
Mr. Omkar Ganguly, Learned Counsel for Appellant
Mr. Pranabasish Mitra, representing Mr. Prabhat Sil, Learned Counsel for Respondents No. 1 to 5
Mr. Avishek Guha with Mr. Somraj Naskar, Learned Counsel for the Respondent No. 6
THE APPELLATE TRIBUNAL :
Mr. Pranabasish Mitra, appears on behalf of Mr. Prabhat Sil, representing Respondents No. 1 to 5 and prays for adjournment on the personal ground of Mr. Prabhat Sil as he is out of town.
Learned Counsel for Respondent No. 6 opposes the prayer as Respondent No. 6, who is the Auction Purchaser, has invested more than a sum of Rs.10.5 crore in the year 2020. He further submits an order has been passed by the Hon’ble High Court in C.O. 1025 of 2023 dated 18th July, 2023, wherein there is a direction to decide the issue within four months from the next date fixed.
Order sheets show that on 11th July, 2023 matter was adjourned on the personal ground of the Counsel for
2
Respondents and the matter was fixed on 23rd August, 2023. On 23rd August, 2023 the matter was directed to be listed on 13th October, 2023. In the meantime, on 30th August, 2023, Respondent No. 6, annexing the Hon’ble High Court order, filed an application, being I.A. 329 of 2023, in the connecting Appeal No. 85 of 2022. After filing of the I.A. this is the first date. However, there was a direction on 1st September, 2023 that no adjournment shall be granted to either side.
Since today adjournment is being sought for on the personal ground of the Learned Counsel for Respondents No. 3 to 6 and 8 as he is out of town, I find it appropriate that a last opportunity should be granted to him to argue the matter with a direction that if arguments are not placed on the next date of listing, the matter shall be heard on merits and disposed of.
List on 28th November, 2023 for hearing of appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 13th October, 2023 26/ac
Indian Overseas Bank
M/s. Pat International & 5 Others
Anil Kumar Srivastava
As recorded by the court registry
18 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
