Allowed

Dr Dipankar Chakraborti v. Indian Bank

DRAT17 Aug 2023REGULAR APPEAL/55/2023

Case brief

AI extract

What is this about?

The Appellate Tribunal allowed the appeal against an order passed by the Debt Recovery Tribunal (DRT) that mandated proceedings against the appellant to proceed ex parte. The Tribunal held that since the appellant was personally present and had filed a written statement, the ex parte order was unsustainable and liable to be set aside. The matter was remanded for disposal within three months, thoug

What did the court decide?

Impugned Order dated 19/02/2020 passed by DRT-I, Kolkata set aside as far as it relates to the appellant. Proceedings in underlying O.A. to conclude within three months.

Dr Dipankar Chakraborti versus Indian Bank — Banking and Recovery | DRAT (2023)

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Appeal No. 55 of 2023-DRAT-Kolkata

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Appeal No. 55 of 2023

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(Arising out of O.A. 137 of 2001 in DRT-1, Kolkata)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

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CHAIRPERSON

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Dr. Dipankar Chakrabarti, 206/1, Block-B, Bangur Avenue, Kolkata – 700 055

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… Appellant

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-Versus-

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Indian Bank, 2, Netaji Subhas Road, Kolkata – 700 001.

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… Respondent

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Counsel for the Appellant … Dr. Dipankar Chakrabarti in person Counsel for Respondent Bank … Mr. Debasish Chakrabarti Ms. Sharmistha Pal, JUDGMENT : 17^th August, 2023

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THE APPELLATE TRIBUNAL :

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Heard the Appellant, Dr. Dipankar Chakrabarti, who is appearing in person, and the Learned Counsel for Respondent Bank and perused the record.

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2. The impugned order dated 19^th February, 2020 is under challenge which reads as under:

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“Learned Advocate Ms. A. Das appears for the Applicant Bank and files affidavit to comply the order dated 30/07/2019. Mr. Dipankar Chakraborty appears for the Defendant no. 2 is personally present.

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Applicant Bank is at liberty to file written notes of arguments.

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The defendants are not appearing and not filing w/s, hence, the defendants are declared ex parte.

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No further adjournment will be allowed under any circumstances.

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Matter is adjourned to 11/09/2020 for final hearing.”

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Appeal No. 55 of 2023-DRAT-Kolkata 3. Thereafter two applications, I.A. 462 of 2020 and I.A. 463 of 2020, were filed which were dismissed without assigning any reason.

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4. As far as the impugned order dated 19^th February, 2020 is concerned, the order itself will show that on the date fixed, Appellant, who is appearing in person, was present and liberty was granted to the Appellant to file written notes of argument. An observation is made that the defendants in the O.A. were not filing the written statement hence proceedings were ordered to proceed ex parte.

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5. It is submitted by the Appellant that he has already filed the written statement which fact is not disputed by the Learned Counsel for the Bank.

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6. When the written statement was filed by the Appellant and he was personally present on the date of hearing, i.e. 19^th February, 2020, then there was no reason or ground for the Learned DRT to proceed ex parte against the defendant in the O.A. Proceedings can be held ex parte either when the defendant is not present despite service or the written statement is not filed by the defendant. But in the present case defendant himself was present in person. He has already filed written statement hence there was no occasion to proceed ex parte against the defendant No. 2. Accordingly, the impugned order dated 19^th February, 2020, as far as it relates to the Appellant, i.e. defendant No. 2 before the Learned DRT, could not sustain and is liable to be set aside. Appeal deserves to be allowed.

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O R D E R

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Appeal is allowed. Impugned Order dated 19^th February, 2020, passed by the Learned DRT-I, Kolkata is hereby set aside as far as it relates to Defendant No. 2.

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Since this is a very old O.A. of 2001, Learned DRT should conclude the proceedings and decide the same within a period of three months from the date copy of the order is received. If any

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Appeal No. 55 of 2023-DRAT-Kolkata adjournment is sought by either of the parties, Learned DRT would eb at liberty to proceed in accordance with law.

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Parties should appear before the Learned DRT on 4^th September, 2023.

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Registrar is directed to communicate this order to the Learned DRT-I, Kolkata.

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Copy of the order be supplied to Appellants and the Respondents.

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Copy of the Judgment/Final Order be uploaded in the Tribunal’s Website.

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File be consigned to Record room.

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Order dictated and pronounced in open Court on the 17^th day of August, 2023.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 17^th August, 2023 06/ac

Dr Dipankar Chakraborti v. Indian Bank

Case brief

What is this about?

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Dr Dipankar Chakraborti v. Indian Bank

Case brief

What is this about?

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