Swadesh Ranjan Das v. Ao Bangiya Gramin Vikas Bank
Case brief
What is this about?
The chairperson allowed a misc. application seeking recall of an order dismissing an appeal on default. The matter was restored to its original file due to counsel unavailability for diary entry.
What did the court decide?
The order dated 17th March, 2023, dismissing the appeal on default, is recalled and the appeal is restored to its original file and number.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Application Diary No. 234 of 2023 In Diary No. 640 of 2022
(Arising out of S.A. 274 of 2018 in DRT-II, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
21.06.2023 Swadesh Ranjan Das … Appellant -VsBangiya Gramin Vikas Bank … Respondent
Mr. Radhey Shyam Tiwari with Mr. Parikshit Karmakar, Learned Counsel for Appellant
THE APPELLATE TRIBUNAL :
Appellant has preferred Misc. Application Diary No. 234 of 2023 for recall of the order dated 17th March, 2023 whereby the appeal, being Diary No. 640 of 2022, was dismissed on default on the ground that the Learned Counsel could not appear when the matter was called on for hearing as the matter could not be entered in his diary.
Application is filed within time. Respondents are served. I find the ground made in the application to be sufficient, accordingly Misc. Application Diary No. 234 of 2023 is allowed and the order dated 17th March, 2023 is hereby recalled. Appeal be restored to its original file and number.
Objections to I.A. 428 of 2022 and I.A. 429 of 2022, if any, be filed within three weeks.
Issues for consideration
1 issue framed by the court
Whether the application for recall of the default order, filed within time, is maintainable.
Parties & counsel
- appellant
Swadesh Ranjan Das
- respondent
Bangiya Gramin Vikas Bank
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 · Anil Kumar Srivastava
- Order 2 — this page · Anil Kumar Srivastava
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