The Debts Recovery Appellate Tribunal listed the matter for notice and record summoning regarding a discrepancy in the original application names and required an affidavit from the appellant on June 6, 2023.
Record of Ld. DRT summoned; applicant to file affidavit explaining the position; listed for hearing on 19.07.2023.
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. 73 of 2019)
(Arising out of S.A. No. 250 of 2017 in DRT -III, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
06.06.2023 Amitava Ghosh and Anr … Appellant -VsUnion Bank of India & others ….Respondents Mr. Samik Basu, Learned Counsel Mr. Partha Sankar Kundu, Learned Counsel for the Appellant Mr. Ranajit Chowdhury, Learned Counsel for the Respondent Nos 1 & 2. Mr. Manik Lal De, Learned Counsel for the Respondent No. 3
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the Appellant.
During the course of hearing, it transpires that the original application at page No. 40 of the Paper Book was filed by one Sri Amitava Ghosh which was dismissed by the Ld. DRT. In the judgment of the Ld DRT apart from Sri Amitava Ghosh one Smt. Malabika Ghosh is shown as the Applicant No. 2. She is also arrayed as Appellant No. 2 in the Appeal. Learned Counsel for the Appellant could not explain as to how her name finds place in the judgment. Learned Counsel further submits that no amendment in the SARFAESI application was sought by the Appellant. In such
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circumstances, it is necessary to peruse the record of the Ld. DRT. Let the record of the Ld. DRT be summoned. Appellant should also file an affidavit explaining this position. List on 19th July 2023 for hearing.
(Anil Kumar Srivastava,J) Chairperson
Dated 6th June, 2023 18/tp
Amitava Ghosh and Anr
Union Bank of India & others
Anil Kumar Srivastava
As recorded by the court registry
20 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
