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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appeal Diary No. 14 of 2024
(Arising out of S.A. 545 of 2023 in DRT-III, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
01.02.2024
National Sales Syndicate &
Others
… Appellants
-Vs-
ICICI Bank Limited & Another
… Respondents
Mr. Subrata Mukherjee, Learned
Counsel for Appellants
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
2
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.
(Anil Kumar Srivastava,J)
Chairperson
Dated: 1st February, 2024
01/ac