Disposed

Ms Edelweiss Assets Reconstruction Company Ltd. v. Pailan Educational Trust

DRAT12 Jun 2023REGULAR APPEAL/52/2023

Case brief

AI extract

What is this about?

The tribunal disposed of an appeal challenging the Debts Recovery Tribunal's failure to ensure compliance with previous orders. The appellate court directed the lower tribunal to ensure implementation of the ap portion.

What did the court decide?

Directed the DRT to ensure compliance of the orders dated 03.09.2020 and 17.01.2020; liberty to pass necessary order if not done.

Ms Edelweiss Assets Reconstruction Company Ltd. versus Pailan… — Banking and Recovery | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Appl. No. 52 of 2023

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THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON

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12.06.2023

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Edelweiss Asset Reconstruction Company Ltd., acting in its capacity as Trustee of EARC Trust SC 47, having its registered office at Edelweiss House, off C.S.T. Road, Kalina, Mumbai – 400098.

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… Appellant Vs.

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1. Pailan Educational Trust having its office at 127, Kankulia Road, Kolkata – 700029.

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1. Mr. Apurba Saha residing at 127, Kankulia Road, Kolkata – 700029.

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1. Smt. Baby Saha residing at 127, Kankulia Road, Kolkata – 700029.

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1. M/s Ascon Agro Products Ltd., situated at Express Tower, 1^st floor, 42A, Shakespeare Sarani, PS Shakespeare Sarani, Kolkata – 700017 and also at 127, Kankulia Road, Kolkata – 700029. And also at 25, Beniapukur Road, Kolkata – 700016.

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….. Respondents

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For Appellant : Mr. Pratik Ghosh, ld. Counsel. Mr. Avisekh Roy Chowdhury, ld. Counsel.

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For Respondent : Mr. Kaunish Chakraborty, ld. Counsel.

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THE APPELLATE TRIBUNAL :

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Heard learned counsel for the parties and perused records.

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This appeal is basically preferred for ensuring implementation of the order dated 17.01.2020 and 03.09.2020 passed by learned DRT-I, Kolkata in O.A. 435 of 2011 whereby vide order dated 03.09.2020 Receiver was appointed with consequential direction and by the order dated 17.01.2020

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defendants were directed to submit certain information as per the order.

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Vide order dated 25.11.2021 passed in I.A. 2225 of 2021 filed by the appellant learned DRT directed the appellant to first comply the direction given in order dated 03.09.2020 wherein appellant was directed to complete verification of evidence in presence of the defendants. As per submission made at the bar by the learned counsel for the appellant that this direction has been complied with and written statement was filed by the defendants.

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Now only issue remains to be taken into consideration that directions given by learned DRT vide order dated 03.09.2020 and 17.01.2020 are not complied with. Appellant is aggrieved with this portion of the order impugned. Bare perusal of the orders will show that this part was still kept open by the learned DRT wherein it was ordered, firstly appellant should comply with the direction given in the order dated 03.09.2020, it means that the earlier direction issued by the learned DRT have to be complied with by the defendants.

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In such circumstances, this appeal is liable to be disposed of with the direction to learned DRT to ensure compliance of the direction in accordance with law. Learned DRT will be at liberty to pass necessary order to ensure compliance.

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O R D E R

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Appeal No. 52 of 2023 is disposed of with the direction to learned DRT-1 Kolkata to ensure compliance of the direction given in the order dated 03.09.2020 and 17.01.2020 in accordance with law. If compliance is not done learned DRT would be at liberty to pass appropriate order in accordance with law. No order as to costs.

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Both the file be consigned to record room.

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Copy of the order be supplied to the appellant and the respondents and a copy be also forwarded to the concerned DRT.

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Copy of the judgement/Final Order be uploaded in the Tribunal’s website.

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Order dictated, signed and pronounced by me on this the 12^th day of June, 2023.

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(Anil Kumar Srivastava, J) Chairperson

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Dated : 12.06.2023 04 /pkb

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Ms Edelweiss Assets Reconstruction Company Ltd. v. Pailan Educational Trust

Case brief

What is this about?

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Ms Edelweiss Assets Reconstruction Company Ltd. v. Pailan Educational Trust

Case brief

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