191090000852022_70662a3b409849f8cbbe8fc1dcdaaed0.pdf

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
                               (Appeal Dy. No. 85 of 2022)
(I.A. No. 141 of 2022)
(I.A. 280 of 2022)
 (Arising out of T.S.A. 04 of 2021  in DRT-2, Kolkata)
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
                         CHAIRPERSON
25.08.2022
Ashok Hawai & Shoes P. Ltd.
… Appellant
-Vs-
Indian Overseas Bank
 …  Respondents
Mr. Avishek Guha, learned counsel
with Mr. Nimesh Mishra, learned 
counsel and Ms. Ishita Ghosh and 
Mr. S. Sen, learned counsel for the 
Appellant. 
Ms. 
Mousumi 
Ganguly, 
Learned 
Counsel for the respondent bank.
Mr. P. Sil, learned counsel for 
respondent no. 3 to 6 and 8.  
THE APPELLATE TRIBUNAL :
For Admission
At the very outset learned counsel for the appellant submits that an 
analogous appeal against the impugned order has been preferred by the 
respondent bank being appeal No. 49 of 2021 which is listed for hearing on 
08.09.2022.  
2.
In I.A. 141 of 2022 learned counsel for the appellant further submits 
that appellant being auction purchaser was not impleaded in the review 
proceeding and copy of the judgement and order against which present 
appeal is preferred was not provided to the appellant, as such, appellant 
prays that direction may be given to DRT-2, Kolkata to issue certified copy
of the order dated 05.10.2021 passed in R.A. No. 01 of 2021 or in an 
alternative leave to pass an order granting the appeal to move without 
certified copy of the impugned judgement and order.  Successful auction 
purchaser is a necessary party to the review proceeding and entitled to the 
copy of the judgment and order, if that was not issued to him it affects his 

right.  Accordingly, DRT-2, Kolkata is directed to issue certified copy of the 
judgment and order dated 05.10.2021 passed in R.A. 01 of 2021 to the 
appellant.  Appellant should file the same before the next date of listing. 
3.
I.A.  No. 280 of 2022 is filed seeking condonation of delay in filing the 
appeal.  Objection, if any, be filed by the respondent within two weeks. 
4.
Learned counsel for respondent no. 3 to 6 and 8 submits that 
respondent no.7 has since been died.  
Necessary application seeking 
substitution has to be filed to implead the legal hairs of respondent no.7. 
Detail list of legal hairs of respondent no.7 is directed to provide within three 
days to the appellant and respondent no. 3 to 6 and 8.  Appellant should
carry out necessary amendment in the meantime and served amended
cause title to the respondents. 
5.
List on 08.09.2022.  Appellant shall provide copy of the paper book to 
the respondents in the meantime.    
                     (Anil Kumar Srivastava,J)
                   Chairperson
Dated: 25th  August, 2022
03/pkb