National Sales Syndicate & Others Vs ICICI Bank Limited & Another

Debts Recovery Appellate Tribunal, Kolkata Bench 1 Feb 2024 Misc. Appeal Diary No. 14 Of 2024 (2024) 02 DRAT CK 0003
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Misc. Appeal Diary No. 14 Of 2024

Hon'ble Bench

Anil Kumar Srivastava, Chairperson

Advocates

Subrata Mukherjee

Final Decision

Dismissed

Judgement Text

Translate:

Anil Kumar Srivastava Chairperson

THE APPELLATE TRIBUNAL :

For Admission

Despite a specific order dated 30th January, 2024, legible copy of the CMM order is not filed.

This appeal was filed on 5th January, 2024. It was heard on ‘Admission’ on 15th January, 2024 wherein it was observed that the documents annexed with the Memo of Appeal are not legible. Time was granted to the Appellant to file legible copies but the same were not filed. Even on 25th January, 2024 it was observed that the order of the CMM dated 21.09.2023 is not legible. Appellant was asked to file legible copy by 30th January, 2024. Again on 30th January, 2024 time was sought to file the legible copy and the matter was directed to be listed today. It was observed on 30th January, 2024 that the intention of the Appellant is to linger on the proceedings. The impugned order under challenge is an order passed by the Learned DRT wherein there was a challenge to the order of the CMM passed by CMM, which did not find favour from the Learned DRT.

It is necessary to peruse the order of the CMM for the just disposal of the case. But despite granting sufficient time, Appellant is not producing the legible copy of the same. In such circumstances, the appeal could not be admitted.

Accordingly, Appeal is dismissed for non-prosecution at the ‘Admission’ stage.

Copy of the order be supplied to Appellant and the Respondents and a copy be also forwarded to the concerned DRT.

File be consigned to Record room.

Order dictated, signed, dated and pronounced in open Court.

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