Appeal pending since 2018. Respondent Punjab National Bank failed to appear despite service of notice. Tribunal issued notice to Zonal Manager, directing disposal on merit and notification to Ministry of Finance.
Notice issued to Zonal Manager; matter to be disposed of on merit on next date; notice to Ministry of Finance.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl. No. 83 of 2018
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
22.08.2023
Deepak Kumar Agarwal & Anr.
… Appellants Vs. Punjab National Bank & Ors.
….. Respondents
For Appellant : Mr. Dipanjan Dutta, ld. Counsel. Mr. S. Chowdhury, ld.. counsel. For Respondent : Ms. Aruna Ghosh, ld.counsel.
THE APPELLATE TRIBUNAL :
Supplementary affidavit filed by the appellant is taken on record. This appeal is pending since 2018. It appears that Punjab National Bank is the respondent who has been duly served. Despite service, neither any officer of the Punjab National Bank nor any learned advocate on their behalf is appearing. The appeal is to be disposed of on merit, but bank is not represented through its advocate nor send any officer to assist the Tribunal.
Let a notice be issued to the Zonal Manager, Kolkata, Punjab National Bank, United Tower, 11, Hemanta Basu Sarani, B.B.D Bag, Kolkata – 700001 intimating the fact that despite granting sufficient time and service of notice neither any bank officer nor learned advocate on their behalf is appearing to contest the matter for the reasons best known to them. It should also be informed that if on the next date of hearing competent officer of the bank is not present to assist the Tribunal the matter shall be disposed of on merit and it shall also be brought to the notice of the Ministry of Finance for initiating appropriate action against the erring officer of the bank. Registry is directed to comply with this order within three days.
List on 09.10.2023 for hearing of appeal.
(Anil Kumar Srivastava, J) Chairperson
Dated : 22.08.2023 09 /pkb
2 issues framed by the court
Whether the appeal should be decided on merits despite non-appearance of the respondent bank.
Whether action should be initiated against the non-appearing bank officer.
Deepak Kumar Agarwal & Anr.
Punjab National Bank & Ors.
Anil Kumar Srivastava
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
