Debts Recovery Tribunals and Appellate Tribunals
CENTRAL BANK OF INDIA vs Sri Avijit Ganguly And Anr on 28 July 2022
**ORDER SHEET**
KOLKATA DEBTS RECOVERY TRIBUNAL NO.2
**Case No. M.A. 02 of 2020**
(in O.A./406 of 2009)
Central Bank of India
Vs.
Sri Avijit Ganguly & anr.
Misc. Applicant
Defendants
<table border="1"><thead><tr><th data-bbox="144 186 238 264">Date<br/>Of<br/>Order</th><th data-bbox="238 186 774 264">Order with<br/>Signature</th><th data-bbox="774 186 909 264">Office action<br/>with date and<br/>dated signature<br/>of parties when<br/>necessary</th></tr></thead></table>
Order No.27
28.07.2022
Counsel for the parties:
For the Misc. Applicant : None
For the Defendants : None
M.A. 02 of 2020 is allowed.
Order is in separate sheet.
By Order
Presiding Officer
DRT-2, Kolkata
MA/02/2020 – DRT-2/Kol
**DÈBTS RECÒOVERY TRIBUNAL - 2, KOLKATA**
Jeevan Sudha Bldg., 07<sup>th</sup> Floor, 42/C, J.L. Nehru Road, Kolkata – 700071
Before Shri Makena Srinivasa Rao, Presiding Officer **M.A. No.02 of 2020**
(Arising out of O.A. No. 406 of 2009)
In the matter of :
1. 1. **Central Bank of India**, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having its Head Office at Chander Mukhi, Nariman Point, Mumbai – 400021, having branch, inter alia, at 34, Chetia Central Road, within P.S. – Chetia, Kolkata – 700027.
..... Applicants
-Versus-
1. 2. **Sri Avijit Ganguly**, son of Late Sisir Kumar Ganguly doing and dealing in business as Proprietor of M/s Boutique Anushka, having his registered office at Village: Nabagram, Panchpota, Garia Station, Kolkata – 700152 and having shop at Shop No. A-7, 212, Rash Behari Avenue, Kolkata – 700019 and Rabindra Nagar Market, Station Road, Garia, Kolkata – 700084.
2. 3. **Credit Guarantee Fund Trust for Small Industries**, having its office at 1<sup>st</sup> Floor, SME Development Centre, SIDBI Building, C-11/G, Block, Bandra Kurta Complex, Bandra (East), Mumbai-400051.
..... Defendants
Counsel for the parties:
For the Applicant Bank : Ms. Usha Doshi
For the Defendant : Ms. T. Biswas
Citations and Judicial Treatment
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**FINAL ORDER**
Delivered on 28<sup>th</sup> July, 2022
This present Misc. Application has been filed by the Applicant on 22<sup>nd</sup> January, 2020 for recalling the order of dismissal for non prosecution dated 10<sup>th</sup> December, 2019 passed in O.A. No. 406 of 2009 (Central Bank of India Vs. Avijit Ganguly & Anr) and to restore the said application to its original file and number.
As per the order dated 25.11.2021, service upon the Respondent is completed as is evident by the affidavit of service filed as per the postal track report item delivery confirmed. Accordingly, the matter was posted for hearing.
Heard the Ld. Counsel for the Miscellaneous Applicant. None appeared for the defendants. The matter was reserved for orders. I.A. No. 279 of 2020 filed for condonation of delay of two days, is allowed.
Heard the Ld. Counsel for the Applicant Bank in respect of MA No. 02 of 2022. None represented on behalf of the defendants. It is observed that the Applicant Bank has filed evidence on affidavit on behalf of Applicant Bank along with the instant MA which has been taken on record. This Tribunal is of the opinion that the MA being MA No. 02 of 2020 deserves to be allowed as huge public money is involved. Accordingly, MA No. 02 of 2020 is allowed and restored to its original file and number. The Applicant Bank is directed to complete the pleadings before the Registry.
MA/02/2020 – DRT-2/Kol
Let the matter be posted before the Registry to 22<sup>nd</sup> September, 2022. All I.A. s are hereby disposed of.
This order is dictated and corrected by the undersigned and pronounced on this the 28<sup>th</sup> day of July, 2022.
This order is passed in open Court and none appeared for the parties.
Copy of the Order be uploaded in the Tribunal's Website.
Sd/-
(M.S. Rao) Presiding Officer DRT-2, Kolkata
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