This order addressed procedural delays in pronouncing the judgment on two appeals. The tribunal noted the appellants' absence and failure to respond to clarification queries, deciding to pronounce the judgment on the scheduled last date.
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
Appeal No. 12 of 2024
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
08.02.2024
Rudra Bhattacharya & Another … Appellants -VsBank of India & Others … Respondents
None for Appellant
Ms. Smriti Das, Ms. Alisha Kar lead by Mr. Ramesh Chandra Prusti, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
The matter is taken up in the revised list. Appellant is not present while Respondents are present.
Matter is listed today for clarification, as required by this Appellate Tribunal vide order dated 2nd February, 2024. When the matter was listed on 5th February, 2024, Appellant did not make any submission on the ground that he has filed contempt petition before the Hon’ble Calcutta High Court so he will not make any submission. Today Appellant is absent and did not make any submission.
As would appear from the record, Hon’ble High Court has granted time upto 31st January, 2024 to decide this appeal (Appeal No. 12 of 2024) as well as Appeal No. 152 of 2023. Since both the matters relate to the same parties hence after hearing the parties in Appeal No. 152 of 2023 judgment was reserved as hearing
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in Appeal No. 12 of 2024 was not concluded. In this appeal also hearing was concluded on 30th January, 2024.
Thereafter at the time of preparing the record for dictating the judgment, some queries arose and on 2nd February, 2024 opportunity was granted to the parties to clarify the queries. On 30th January, 2024, ten days’ time from 31st January, 2024 was prayed from the Hon’ble High Court for delivery of the judgment which would also be expiring on 10th February, 2024, which is a holiday. Tomorrow is the last date, accordingly, since Appellant has not replied the queries although Respondent’s Counsel has made submission that the judgment of Learned DRT-III, Kolkata dated 8th March, 2022 was not challenged. In such circumstances, the judgment for this appeal, i.e. Appeal No. 12 of 2024, as well as Appeal No. 152 of 2023 shall be pronounced tomorrow.
(Anil Kumar Srivastava,J) Chairperson
Dated: 8th February, 2024 22/ac
Rudra Bhattacharya & Another
Bank of India & Others
Anil Kumar Srivastava
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
