Samaresh Dhar v. Bank of India
Case brief
What is this about?
The Tribunal dismissed an appeal for non-maintenance because the appellant failed to make the required pre-deposit under a conditional order dated 2nd February, 2023. The claim of technical difficulty in paying fees was rejected due to the lapse of over forty days without sincere efforts.
What did the court decide?
The appeal is dismissed for want of making the pre deposit by the Appellant.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 238 of 2020
(Arising out of S.A. 323 of 2019 in DRT-I, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
15.03.2023 Samaresh Dhar … Appellant -VsBank of India & Another … Respondents Mr. Dipankar Dhar with Mr. Rudra Dhar, Learned Counsel for Appellant
Mr. Debasish Chakrabarti with Ms. Anindita Das, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the parties and perused the record.
On 2nd February, 2023 an order was passed whereby the Appellant was directed to make pre deposit as per order dated 4th March, 2021 within a week so that the appeal can be heard on merits. In case of default in making the pre deposit, the appeal shall be dismissed being not maintainable.
Compliance of the orders dated 4th March, 2021 and 2nd February, 2023 have not been made by the Appellant. It is further observed that pre deposit is not made.
Issues for consideration
2 issues framed by the court
Whether the appeal should be maintained when the appellant fails to make the pre-deposit despite a conditional order.
Whether the appellant's claim of technical difficulties in paying fees and obtaining a certified copy warrants an extension of time.
Parties & counsel
- appellant
Samaresh Dhar
- respondent
Bank of India
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · March
- CNR
- 191090002382020
- Topic
- Banking and Recovery
All orders in this case
9 orders share this CNR
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