191090001172019_3b184ce34dfaa84e84de7f5e5b4e0779.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                                Diary No. 117 of 2019
                  (Arising out of O.A. 141 of 2016  in DRT, Guwahati)
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
18.01.2023
M/s.    Ghosh   Brothers    Motors 
Private  Limited & 4 Others     
   
…  Appellants 
              -Vs-
IDBI Bank Limited …  Respondent
None for Appellant
Ms.   Sarmishtha   Pal,   led by 
Mr. 
Debasish 
Chakrabarti,
Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :  
Matter is taken up in the second call. None appears to 
represent 
the 
Appellants 
while 
Learned 
Counsel 
for 
Respondent is present.
An e-mail message is received from Mr. Sanjay Mitra, 
Learned Counsel, to the effect that he is an outstation 
Counsel residing at Guwahati and due to auspicious occasion 
of local harvest festival, i.e. Magh Vihu, he will not be able 
to attend the hearing and a request for adjournment is 
made.
Record shows that continuously Appellants are seeking 
adjournment on one ground or the other.  On the last 
occasion, i.e. on the 14th of November, 2022, request for 
adjournment was received through e-mail on the ground of 
illness of the Learned Counsel. Such request was conceded 
to with but a specific direction was made to the effect that if 

2
any further adjournment is sought, the matter shall be 
disposed of on the date fixed.  In spite of a specific order, 
again an adjournment is sought for on the ground of Vihu 
festival.   This cannot be a ground for adjournment. Festival 
can be a ground for enjoyment but cannot be a ground for 
adjournment. 
In view of the specific direction given in the order dated 
14th November, 2022, I am not inclined to grant any 
adjournment.  The prayer for adjournment is accordingly 
declined.    
Since none is present to press the applications for 
condonation of delay as well as the application for waiver, 
both the applications are dismissed in default.
Accordingly, the appeal is not maintainable and is liable 
to be dismissed.
The appeal, being Diary No. 117 of 2019, is dismissed 
as time barred and not maintainable.
 
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.
 
                     (Anil Kumar Srivastava,J)
                   Chairperson 
 
Dated: 18th January, 2023
05/ac