191090005932023_31a44050485286173ae7fe5407dafa20.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                               
 Misc. Appl. Dy. No. 593 of 2023
               
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, 
CHAIRPERSON
17.10.2023
Anurag Himatsingka 
                               …   
Appellant  
              Vs.
SMFG India Credit Co. Ltd. & Ors.    
….. Respondents
            
                    
For Appellant 
: Mr. Sandeep Chakraborty, ld. Advocate.  
   
 Ms. Neelina Chatterjee, ld. Counsel. 
For Respondents : Mr. Rajiv Maity, ld. Advocate.
  
 
   
THE APPELLATE TRIBUNAL :
Mr. Rajiv Maity, learned advocate, has put in appearance for 
respondent no.1 and 2 who undertakes to file Vakalatnama 
during course of the day.  Affidavit of service is taken on record. 
Heard learned counsel for the parties and perused the 
records. 
Appellant has moved the Misc. application for expeditious 
hearing of the S.A. No. 129 of 2022 on the ground that S.A. 
applicant is neither borrower nor guarantor nor mortgagor.  It is 
further submitted that the matter is pending before learned DRT-
3 Kolkata for long time.  
Pleadings are complete.  
Learned 
counsel prays that the matter may be heard expeditiously.  
Learned counsel for the respondent also confirm that 
pleadings are complete. 

In such circumstances in the interest of justice direction 
should be issued to learned DRT-3 Kolkata to decide the matter 
expeditiously without granting any unnecessary adjournment to 
either of the parties.  
Accordingly, Misc. Appeal dy. No. 593 of 2023 is allowed. 
Learned DRT-3 Kolkata is directed to hear the SA along with 
connected I.A. expeditiously without granting unnecessary 
adjournment to either of the parties.    
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 Order be uploaded in the Tribunal’s website. 
Order dictated, signed and pronounced by me in the open 
Court on this the 17th  day of October, 2023.
(Anil Kumar Srivastava, J)
Chairperson
Dated : 17.10.2023
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