Union Bank of India v. M/S. Amrutha Enterprises
What the court decided
A compact analysis
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA MA. Dy. No. 350 of 2023 THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
20.07.2023
Union Bank of India
… Appellant Vs. M/s. Amrutha Enterprises & Ors.
….. Respondents
For Appellant : Mr. Anjan Kr. Paul For Respondent :
THE APPELLATE TRIBUNAL :
Heard learned counsel for the parties.
It appears that appellant has challenged the order dated 08.10.2021. On scrutiny of records I find that Registry has raised two objections, one, that certified copy of impugned order dated 08.10.2021 has not been filed and second, respondent no. 2 and 3 are not party in the S.A. proceeding.
As far as second objection is concerned, learned counsel for the appellant sought liberty to release those two respondents’ name from the array of party.
As far as first objection is concerned, I find that certified copy of the impugned order is not filed by the appellant. Copy annexed with the appeal is a ‘true copy’ of the original order which could not be treated as certified copy.
Issues for consideration
2 issues framed by the court
Whether the appeal is maintainable when the certified copy of the impugned order is not filed by the appellant.
Whether respondents no. 2 and 3 can be removed from the array of parties in Special Appeal proceedings.
Parties & counsel
- appellant
Union Bank of India
- respondent
M/s. Amrutha Enterprises & Ors.
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 191090003502023
- Topic
- Banking and Recovery
All orders in this case
8 orders share this CNR
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