The Tribunal fixed time for the Appellant to file opposition to an Interim Application sought by the Respondent for appointment of a Receiver to protect secured assets from alleged pilferage and for return of possession of stocks.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No.96 of 2019)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
21.02.2023 North Eastern Development Finance Corporation Ltd. & Anr … Appellant -VsM/s Brahmaputra Technologies and anr ….Respondents Mr. Debasish Chakraborty, Learned Counsel, Ms. Sarmistha Pal, Learned Counsel for the Appellant Mr. Joy Saha, Ld Senior Counsel, Mr. N. Srinivas, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
I.A. No. 82 of 2023 filed by the Respondent for appointment of Receiver and for direction to the police officer for protection of the stocks lying in the secured assets as well as for return of the possession of all the stocks and raw materials. Learned Counsel for the Respondent vehemently argued that there is a pilferage of the stocks from the property which is in possession of the Appellant which is to be stopped. Present possession of the stocks can only be brought on record by appointing a Receiver.
Learned Counsel for the Appellant submits that he received a copy of I.A. yesterday. Further he admits that
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stocks were not taken in possession rather they are lying in the secured assets. He has further submitted that there is no pilferage. He prays for time to file objection.
Having heard the Learned Counsel for the parties, I found that opportunity be given to the Appellant to file opposition to the I.A. No. 82 of 2023 within a week with an advance copy to the Appellant who may file the rejoinder within a week thereafter.
List on 17th March, 2023 for disposal of I.A. No. 82 of 2023.
(Anil Kumar Srivastava,J) Chairperson
Dated: 21st February, 2023 12/tp
North Eastern Development Finance Corporation Ltd. & Anr
M/s Brahmaputra Technologies and anr
Anil Kumar Srivastava
As recorded by the court registry
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