The Debrief Recovery Appellate Tribunal at Kolkata listed the matter for hearing after recording advocates appearing on behalf of the respondents and noting deficiencies in vakalatnamas filed for some respondents.
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
Appl. No. 79 of 2023
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
27.09.2023
Bank of Baroda & Anr.
M/s. Soham Engineering Construction & Ors.
….. Respondents
For Appellant : Mr. Avishek Guha, ld. Advocate. Mr. Somraj Naskar, ld. Advocate.
For Respondents : Ms. Alisha Kar, ld. Advocate for resp. no.3 Ms. S. Kabi, ld. Advocate for resp.no.1
THE APPELLATE TRIBUNAL :
Respondent no. 1,2 and 3 are served on 03.08.2023. learned counsel for respondent no. 3 to 6 appeared and Mr. Sanjib Dey’s name has been recorded in the order. Record shows that Ms. Alisha Kar, appearing on behalf of Mr. Sanjib Dey submits that she is representing only respondent no.3. However, Vakalatnama filed by Ms. Kar is not in accordance with the rule. It is a xerox copy. It cannot be taken on record. It means that there is no representation on behalf of respondent no.3.
Respondent no. 4 to 6 are already served, but are not represented. Ms. S. Kabi, ld. Advocate submits that she is representing respondent no.1, but no Vakalatnama is filed. Hence, her presence cannot be entertained.
List the matter on 23.11.2023 for hearing of appeal.
(Anil Kumar Srivastava, J) Chairperson
Dated : 27.09.2023 20 /pkb
Bank of Baroda & Anr.
Soham Engineering Construction & Ors.
Anil Kumar Srivastava
As recorded by the court registry
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Judgements on the same questions, provisions and authorities, from every court
