Public excerpt
191090003592022_782ba91c7c2f8e7a95db280e78a8b84b.pdf
Pages: 1Characters (full): 1567
Full judgment text and the official PDF are available after sign-in. This page shows an excerpt for discovery and research previews only.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
M.A. Diary No. 359 of 2022
(Arising out of S.A. 257 of 2015 in DRT-III, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
01.03.2023
Cygnus Investments And Finance
Private Limited … Appellant
-Vs-
Central Bank of India & 6 Others
… Respondent
Mr. Jayabrata Basu Ray withg Mr.
Dwaipayan Basu Mullick, Learned
Counsel for the Appellant
THE APPELLATE TRIBUNAL :
Appellant has preferred the instant application for recall of the
order dated 30th June, 2022 whereby the appeal, being Diary No. 251
of 2019 was dismissed in default.
Affidavit-of-service is filed which shows that Respondents are
served but none is present for the Respondents.
Learned Counsel for the Appellant submits that due to
misplacement of the brief as well as mis-posting of diary, Learned
Counsel could not appear on the date fixed.
Application is filed within time.
Having heard the Learned Counsel for the Appellant, I find the
ground sufficient and accordingly Misc. Application Diary No. 359 of
2022 is allowed and the order dated 30th June, 2022 is hereby
recalled. Diary No. 251 of 2019 be restored to its original file and
number.
After restoration fresh notices be issued upon the Respondents
and Affidavit-of-service be filed within two weeks.
List on 9th June, 2023 for hearing.
(Anil Kumar Srivastava,J)
Chairperson
Dated: 1st March, 2023
18/ac