Disposed
Shaik Abdul Malik v. Union Bank of India and Ors.
DRATREGULAR APPEAL/93/2018
What the court decided
AI extract
Outcome
Disposed
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 93 of 2018
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
17.07.2023 Shaik Abdul Malik … Appellant -VsUnion Bank of India & 2 Others … Respondents
Mr. Debabrata Basu Ray with Ms. Debdutta Chakraborty and Ms. Shreya Basu, Learned Counsel for the Appellant
Mr. Soudip Pal Choudhuri with Ms. Saswati Sikder, Learned Counsel for Respondents No. 1 and 2/Bank
THE APPELLATE TRIBUNAL :
Heard Learned Counsel for the parties. On 13th March, 2023 the following order was passed:
“ At the very outset Learned Counsel for the Appellant submits that Andhra Bank has merged with the Union Bank of India. In view of the above submission, necessary amendment be carried out in the array of parties.
Respondent Bank to submit Statement of Accounts as on date specifically mentioning the amount received by the Bank under the orders of this Appellate Tribunal passed in Appeal No. 82 of 2014.
Summon record of Appeal No. 82 of 2014. List on 23rd June, 2023 for hearing.
Compliance of the order is not made. Learned Counsel for Respondent submits that a Statement was provided by the Bank Manager to the Appellant. Learned Counsel for Appellant shows a copy of the statement allegedly provided by the Bank Manager which is not in consonance of the
2
order passed on 13th March, 2023. It is also not in consonance with the orders passed by this Tribunal in Appeal No. 82 of 2014 .
Learned Counsel for Respondent further submits that in compliance of the orders in Appeal No. 82 of 2014, the amount of pre deposit was transmitted in the year 2012 that too is not shown in the Statement of Account. It clearly depicts the conduct of the concerned Branch Manager of the Respondent Bank. It appears that the concerned Branch Manager is intentionally avoiding the orders of this Tribunal.
Let the concerned Branch Manager appear in person and file an affidavit stating the reasons for non-compliance along with the order of 13th March, 2023.
Let copy of this order be forwarded to the General Manager, Union Bank of India, Visakhapatnam, for information and necessary action under intimation to this Tribunal before the next date of listing.
List on 17th August, 2023.
(Anil Kumar Srivastava,J) Chairperson
23/ac
Dated 17th July, 2023
Shaik Abdul Malik
Union Bank of India
Anil Kumar Srivastava
As recorded by the court registry
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