The Appellate Tribunal dismissed the miscellaneous appeal preferred by the bank as not pressed after counsels submissions revealed that the appellant did not press the appeal subject to responses by respondents.
The miscellaneous appeal was dismissed as not pressed.
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.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appl. Dy No. 1093 of 2024 (Arising out of SA No. 75 of 2024 DRT-I Kolkata)
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Order No. 07
19.03.2025
Authorised Officer, SOUTH INDIAN BANK having registered office at 20A, MOTHER TERESHA SARANI, PARK STREET, POLICE STATION- SHAKESPEARE SARANI, KOLKATA 700016
... Appellant
--Vs--
2.SMT PAYAL SONTHALIA residing at 147, NILGUNJ ROAD, KAMARHATI, BELGHORIA, NORTH 24 PGS 700006
….. Respondents.
3.M/S SHAKAMBARI BUILDCON PVT LTD residing at P-41, PRINCEP STREET, 5TH FLOOR, ROOM NO 209, Kolkata 700072
... Proforma Respondents
For Appellant : Mr. Shiv Mongal Singh, Ld. Adv. For Respondent : Ms. Jayshree Saha, ld. adv. Mr. A. Singhania, ld. adv. on virtual mode
THE APPELLATE TRIBUNAL :
Heard learned counsel for the parties and perused the records.
At the very outset learned counsel for the appellant bank argued the matter at length. Learned counsel submits that an interim order was passed by the learned DRT. Thereafter
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receiver was also appointed. Auction sale was conducted successfully. Sale certificate was issued in favour of the auction purchaser. Auction purchaser is pressing hard to handover the possession, but the same could not be done as movable articles could not either be removed or auctioned.
At this stage, learned counsel for respondent no. 1 and 2 submits that Receiver was appointed by the order dated 11.02.2025. Steps have to be taken by the appellant bank for compliance of the order. Respondent no.1 and 2 are ready to cooperate in accordance with law subject to their own right.
At this stage Mr. Shiv Mongal Singh, learned counsel for the appellant bank submits that he is not pressing the appeal subject to the submissions made by respondent no.1 and 2. Accordingly, Misc. appeal is liable to be dismissed as not pressed.
O R D E R
Misc. Appeal Dy. No. 1093 of 2024 is dismissed as not pressed subject to the observation made in the body of the judgement. Costs easy.
File be consigned to record room.
Copy of the order be supplied to the appellant and the respondents and a copy be also forwarded to the concerned DRT.
Copy of the judgement/Final Order be uploaded in the Tribunal’s website.
Order dictated, signed and pronounced by me in the open Court on this the 19th day of March, 2025.
(Anil Kumar Srivastava, J) Chairperson
Dated : 19.03.2025 09/pkb
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2 issues framed by the court
Whether to decide the appeal when the appellant has failed to press the same as per counsel
Whether to dismiss the appeal as not pressed
South Indian Bank
Bentwood Seating System Private Limited
Smt Payal Sonthalia
M/s Shakambhariuildcon Pvt Ltd
Anil Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
