An appeal arising from an order granting an extension to file opposition in a SARFAESI matter was disposed without recording findings or deciding merits, directing the lower tribunal to decide on its next listing.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Misc. Appeal No. 33 of 2023)
(Arising out of S.A. No. 246 of 2023 in DRT-III Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
…Appellants
-Versus-
… Respondents
Counsel for the parties Mr. Rajeev Maity, Learned Counsel, for the Appellant
Mr. Samrat Mukherjee, Learned Counsel for the Respondent.
Order : On 8th January, 2024
THE APPELLATE TRIBUNAL :
Heard the Learned Counsel for the Appellant and perused the record.
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2. Instant appeal has been preferred against an order dated 12.09.2023 passed by Learned DRT-3 Kolkata wherein time was granted to the Respondent to file the opposition with liberty to the SARFAESI applicant to file rejoinder. It is submitted that the matter is listed on 24th January, 2024 for hearing. However, a direction was also issued by the Learned DRT restraining the Bank from taking any coercive steps till the next date of hearing.
3. Learned Counsel for the Bank submits that the Bank is aggrieved by this portion of the order. However, Learned Counsel for the Respondent submits that the matter is still pending and is listed for hearing on 24th January, 2024. 4. Having considered the submission made by the Learned Counsel for the parties and without entering into the merits of the matter and also without recording any finding, since the matter is pending before the Learned DRT-3 Kolkata, I found it appropriate that a direction be issued to the Learned DRT to decide the matter on the next date of listing i.e. on 24th January, 2024 or if any adjournment is sought, the matter shall be heard and disposed within 15 days thereafter.
5. Accordingly, Appeal stands disposed of.
ORDER
Appeal is disposed of with the directions as contained in para No. 4 of the Judgment.
No Order as to costs.
File be consigned to Record Room.
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Copy of the order be supplied to Appellant and the Respondents and a copy be also forwarded to the concerned DRT.
Copy of the Judgment/ Final Order be uploaded in the Tribunal’s Website.
Order signed and pronounced by me in the open Court on this the 8th day of January, 2024.
(Anil Kumar Srivastava,J) Chairperson
Dated: 8th January, 2024 13/tp
Ugro Capital Limited
SVT Enterprise
Pampa Roy Ghosal
Uttam Kumar Ghosal
Anil Kumar Srivastava
As recorded by the court registry
4 orders share this CNR
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