Disposed

Ms Ninth Star Adhesive Tapes Pvt. Ltd. v. Union Bank of India

DRAT6 Jun 2023REGULAR APPEAL/80/2022

Case brief

AI extract

What is this about?

The examined order shows the appellant challenging inaction by the respondent union bank. The Tribunal found bank officers violating previous directions by delaying appearance. The matter was supposed to be listed on 06.06.2023.

What did the court decide?

Directing Zonal Manager Union Bank to initiate action against erring officers who disobeyed Tribunal orders.

Ms Ninth Star Adhesive Tapes Pvt. Ltd. versus Union Bank of… — Banking and Recovery | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal No. 80 of 2022)

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(Arising out of O.A. No. 10 of 2007 in DRT -I Hyderabad)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

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CHAIRPERSON

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06.06.2023 M/s Ninth Star Adhesive Tapes Pvt. Ltd. and Anr … Appellant -VsUnion Bank of India and anr ….Respondents Mr. Nemani Srinivas, Learned Counsel for the Appellant Mr. S. Pal Chowdhury, Learned Counsel, Ms. Saswati Sikder, Learned Counsel for the Respondent

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THE APPELLATE TRIBUNAL :

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Learned Counsel for the Appellant submits that in compliance of the order dated 19.04.2023 the authorized officer had to appear. Learned Counsel for the Respondent submits that as per the instructions received, earlier authorized officer have been transferred and the new incumbent have joined who sought time to appear. When a query is made to the Learned Counsel he is unable to explain as to when the earlier authorized officer was transferred and when the new incumbent have joined. This all shows the attitude of the Bank officers to avoid the orders passed by this Tribunal which could not be appreciated. Record shows that earlier following order was passed on 22^nd March, 2023.

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“ Learned Counsel for the Respondent Bank prays for and is granted two week’s time to file opposition if any.

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List on 19^th April, 2023 for hearing. Respondent should specifically make an assertion as to whether the amount of O.A. decreed by the Ld. DRT is deposited with the Bank or not.”

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Thereafter, following order was passed on 19^th April, 2023. “Learned counsel for the respondent submits that he has received oral instruction, but could not get written instruction from the respondent bank as to whether decreed amount is lying with the bank. Learned counsel prays for seven days more time to comply with the order dated 22.03.2023.

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I am unable to accept the submission made by the learned counsel for the respondent. Order was passed on 22.03.2023, about two months time was given for filing opposition, but no effective compliance has been made by the bank. It shows that bank is not interested to comply the order. Instead of passing a coercive order, let the concerned Authorized Officer should appear in Court along with required information as per order dated 22.03.2023 on 06.06.2023. If this order is not complied with appropriate steps under the law shall be taken.

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List on 06.06.2023. “

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In view of the above situation, this is absolutely clear that the concerned officers are disobeying the orders of this Tribunal. All these facts be brought to the notice of the Zonal Manager Kolkata Union Bank of India, Kolkata Zone GMO, Alepe Court , 1st Floor, 225-C, Acharya J.C. Bose - Road, Kolkata 700020 for initiating appropriate actions against the erring officers. It is expected that the action taken be also communicated to this Tribunal. Registry is directed to send a copy of this order along with a covering

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letter to the Zonal Manager, Union Bank of India immediately.

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List on 24^th July, 2023 for further orders.

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(Anil Kumar Srivastava,J) Chairperson

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Dated 6^th June, 2023

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11/tp

Ms Ninth Star Adhesive Tapes Pvt. Ltd. v. Union Bank of India

Case brief

What is this about?

What did the court decide?

Ms Ninth Star Adhesive Tapes Pvt. Ltd. v. Union Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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