Arcil v. Nil Ratan Dey and Anr.
Case brief
What is this about?
The single-judge Appellate Tribunal recalled an order dismissing a default appeal because the appellant proved they could not appear due to being engaged in another matter before the High Court. The appeal was listed for hearing on 6th January, 2025.
What did the court decide?
Order dated 11th July, 2024, dismissing appeal in default, is recalled. Appeal listed for hearing on 6th January, 2025.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
Misc. Application Diary No. 738 of 2024
Order No. 31 11.11.2024
Asset Reconstruction Company (India) Limited (ARCIL) … Appellant -vsNil Ratan Dey & Another … Respondents
Mr. Rohit Das with Ms. Kishwar Rahaman, and Ms. Divya J. Tekriwal, Learned Counsel for Appellant
Mr. Dhiman Kumar Sengupta with Ms. Farhin Mustaque, Learned Counsel for Respondent No. 1
THE APPELLATE TRIBUNAL :
Application for recall of the order dated 11th July, 2024 whereby appeal was dismissed in default. Opposed by Learned Counsel for Respondent No. 1.
Learned Counsel for Appellant would submit that he could not appear at the time of hearing as he was arguing another matter before the Hon’ble High Court. As soon as he reached the Tribunal the matter was already disposed of.
Issues for consideration
2 issues framed by the court
Whether to recall the order dismissing the default appeal due to the appellant's absence.
Whether to list the appeal for hearing on a future date.
Parties & counsel
- appellant
Asset Reconstruction Company (India) Limited (ARCIL)
- respondent
Nil Ratan Dey
- respondent
Another
Coram
Case details
As recorded by the court registry
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