Subhash Chandra Kundu v. Uco Bank
Case brief
What is this about?
In this miscellaneous application, the Tribunal recalled its earlier order dismissing the appeal as not maintainable for want of pre-deposit. The tribunal allowed the application upon the appellant's undertaking to deposit the required amount and restored the appeal to the file, directing notice to the respondent bank for hearing and listing the matter for a subsequent date.
What did the court decide?
The order dismissing the appeal (dated 13.07.2023) was recalled subject to pre-deposit; the appeal was restored to the original file and number.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Misc. Application Diary No. 544 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
13.09.2023 Subhash Chandra Kundu
… Appellant
-Vs-
UCO Bank ... Respondents
Mr. Radhey Shyam Tiwari, Learned Counsel for the Appellant
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for Appellant and perused the record. Despite service none is present to represent the Respondents.
This application is for recall of the order dated 13th July, 2023 wherein appeal was dismissed being not maintainable for want of compliance of the order dated 20th April, 2023.
Learned Counsel submits that Appellant is ready and prepared to make compliance of the order dated 20th April, 2023 so that the appeal may be heard.
Issues for consideration
1 issue framed by the court
Whether the recall of the order dismissing the appeal as not maintainable is justified when the appellant undertakes to make the requisite pre-deposit.
Parties & counsel
- appellant
Subhash Chandra Kundu
- respondent
UCO Bank
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · September
- CNR
- 191090005442023
- Topic
- Banking and Recovery
All orders in this case
3 orders share this CNR
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