Debts Recovery Tribunals and Appellate Tribunals
Jayanti Chatterjee And Ors vs UCO BANK on 17 January 2019
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**APPELLATE TRIBUNAL NO. 2** **ORDER SHEET** (Continuation)
Case No. \_\_\_\_\_
\_\_\_\_\_ Vs \_\_\_\_\_
<table border="1"><thead><tr><th data-bbox="105 147 178 221">Date of Order</th><th data-bbox="178 147 768 221">Order with Signature</th><th data-bbox="768 147 894 221">Office action with date and dated Signature of parties when necessary</th></tr></thead><tbody><tr><td></td><td><p style="text-align: center;"><b>MA/30/2018 Order No. Dated 17.01.2019</b></p><p><b>SA/13/2016</b></p><p><b>Smt. Jayanti Chatterjee & Ors. Vs. UCO Bank & Ors.</b></p><p>The case is called out.</p><p>None appears for the Misc. Applicant.</p><p>None appears for the Respondent Bank.</p><p>Record reveals that the matter is pending since 2018. No S/R has been filed by the Applicant till date.</p><p>It is seen from the records that the Applicant has filed the present M.A., being MA/30/2018, on 11<sup>th</sup> May, 2018, praying for fixing the SA/13/2016 for reconsideration as per order of the Hon'ble Appellate Tribunal dated 15.02.2018. But no copy of the said order has been annexed with the Application.</p><p>Before going into the merits of the case, conduct of the Applicant, after filing of the M.A., deserves to be scrutinised.</p><p>(i) The Applicant, after filing of the M.A. on 11<sup>th</sup> May, 2018, has not made any effective persuasion of the case. Till date Applicant has not filed the service report confirming service of the copy of the M.A. upon the Respondent Bank. Applicant has not taken any effective step for expeditious disposal of the matter. The matter is taken up for hearing today, on 17<sup>th</sup> January, 2019 when no one appeared on behalf of the Applicant.</p><p>(ii) From the conduct of the Applicant it is evident that Applicant is not serious and diligent in pursuing the M.A. It is bounden duty of the Applicant to proceed with the application for the relief sought against the order passed by the Hon'ble Tribunal. From the conduct of the Applicant it appears that the Applicant is not interested to pursue the M.A. for disposal but has filed the</p></td><td></td></tr></tbody></table>
*M. Chatterjee*
Page No.
KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2
ORDER SHEET
(Continuation)
Case No. \_\_\_\_\_
Vs \_\_\_\_\_
<table border="1"> <thead> <tr> <th data-bbox="108 268 181 341">Date of Order</th> <th data-bbox="181 268 766 341">Order with Signature</th> <th data-bbox="766 268 892 341">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> </table>
present M.A only to drag the case without taking any effective steps.
(vii) Under the circumstances, as none appears on behalf of the Applicant, the Misc. Application deserves to be dismissed for non-prosecution
3. Accordingly, the present M.A., being M.A. 30 of 2018 (Arising out of SA/13/2016), is hereby dismissed. There shall be no order as to costs.
Copy of the Order be uploaded in the Tribunal's Website.
File be consigned to the Record Room.
17-01-2019 (M. S. RAO) Presiding Officer