Uco Bank v. Mampi Timbers And Hardware Pvt. Ltd.

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

(Dy. No. 18 of 2022)

(Arising out of S.A. No.43 of 2021 in DRT-2 Kolkata)

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

CHAIRPERSON

31.01.2023 UCO Bank … Appellant -VsMampi Timbers and Hardware Pvt. Ltd. ….Respondents Mr. S.N Patra Bhatta, Learned Counsel, Mr. Arjun Mukherjee, Learned Counsel , Ms. Sucharita Sil, Learned Counsel for the Appellant Mr. Ranajit Chowdhury, Learned Counsel for the Respondent Mr. Ratul Das, Learned Counsel Mr. P. Bose, Learned Counsel for the intervenor.

THE APPELLATE TRIBUNAL :

An order was passed on 24.11.2022 asking the authorized officer to file personal affidavit explaining the reasons as mentioned in the order dated 24.11.2022. Learned Counsel for the Appellant submits that due to inadvertence, affidavit could not be filed. He prays for one day time to file the affidavit. Already more than two months time have been granted to the concerned authorized officer to file the affidavit which was not done. It shows the non-

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compliance of the orders which could not be appreciated. In stead of referring the matter to the higher authorities of the Bank for taking appropriate action against the concerned authorized officer, I found it appropriate that the concerned authorized officer should be asked to appear in person and file the personal affidavit as he failed to file the same today. List on 8^th February, 2023.