Disposed

North Eastern Development Finance Corporation NEDFi v. M/s Brahmputra Tecologies

DRAT17 Mar 2023REGULAR APPEAL/96/2019

Case brief

AI extract

What is this about?

The Tribunal appointed a Special Officer to prepare an inventory of movable goods and stocks lying in secured assets after admitting that such goods were not taken in possession and disputing claims of pilferage between the appellant and respondent.

What did the court decide?

Appointment of Special Officer Mr. Rudrajit Sarkar to prepare inventory of goods lying in secured property with report due within 30 days.

North Eastern Development Finance Corporation NEDFi versus… — Banking and Recovery | DRAT (2023)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Appeal No. 96 of 2019

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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17.03.2023

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North Eastern Development Finance Corporation Ltd. & Anr.

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… Appellants

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-VsM/s. Bhahmaputra Technologies & Anr.

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… Respondents Mr. D. Chakraborty, ld. Counsel, Mr. S.K. Sinha,ld. Counsel for the appellant. Mr. Joy Saha, ld. Senior Counsel with Mr. N. Srinivas and Mr. A. Kundu, ld. counsel for the respondent.

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THE APPELLATE TRIBUNAL :

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I.A. No. 82 of 2023 is filed by the respondents for appointment of Special Officer to inspect and make inventory with regard to the status of the stocks and raw materials lying in the secured assets. On 21.02.2023 this Tribunal by passing an order observed that learned counsel for appellant admits that stocks were not taken in possession rather they are lying in the secured assets and further submits that there is no pilferage. Learned counsel for the respondents submits that there is pilferage and it has to be stopped. Facts that goods are lying in the mortgaged property was also admitted by the appellant in affidavit in reply in Para 16 and in the written statement filed by the appellant in Civil Suit pending before Single Judge No.1 at Kampur (M) at Guwahati.

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Learned counsel for the appellant submits that even today he is not denying the statement which was made on 21.02.2023. Learned counsel for the Canara Bank, though not impleaded in this appeal, claims that the goods and stocks are lying in the mortgaged property, which were hypothecated to them.

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In view of the submissions made by the parties and when it is admitted position that movable goods are lying in the secured property, which are not secured assets of the appellant, a Special Officer should be appointed for preparation of inventory of the goods lying in the secured assets.

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Accordingly, Mr. Rudrajit Sarkar, learned Advocate, [Mobile No. 98361-21325 – email ID [email protected]] who is present court is appointed as Special Officer. He is directed to prepare inventory of goods which are current movable assets and stocks lying in the secured property. He is also directed to submit report along with the spot rough note duly signed by the parties within 30 days before this Tribunal with copy to the parties. He is further directed to give notice to the parties including authorized officer of Canara Bank fixing a date in consultation with the parties. It would be appropriate that concerned authorized officers should also remain present on the spot on the date fixed and assist him in preparing inventory. Remuneration of Special Officer is fixed at Rs.50,000/- (Rupees Fifty Thousand) plus travelling allowance to be borne by the respondent.

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List on 28.06.2023 for hearing appeal.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 17 March, 2023 20/pkb

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North Eastern Development Finance Corporation NEDFi v. M/s Brahmputra Tecologies

Case brief

What is this about?

What did the court decide?

North Eastern Development Finance Corporation NEDFi v. M/s Brahmputra Tecologies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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Case details

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