Debts Recovery Tribunals and Appellate Tribunals
Sri Dilip Chakraborty vs INDIAN OVERSEAS BANK on 26 February 2019
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Page No.
KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2
ORDER SHEET
(Continuation)
Case No. \_\_\_\_\_
Vs \_\_\_\_\_
<table border="1"> <thead> <tr> <th data-bbox="75 218 150 285">Date of Order</th> <th data-bbox="150 218 755 285">Order with Signature</th> <th data-bbox="755 218 884 285">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/08/2014 Order No. Dated 26.02.2019</b></p> <p style="text-align: center;"><b>SA/471/2010</b></p> <p style="text-align: center;"><b>Sri Dilip Chakraborty Vs. Indian Overseas Bank</b></p> <p>The case is called out.</p> <p>None appears for the MISC. Applicant.</p> <p>Ms. M. Ganguly, Ld. Advocate appears for the Respondent Bank.</p> <p>Ld. Advocate for the Respondent Bank submits that they have not yet received any copy of the MA.</p> <p>It appears that the Misc. Applicant is not interested to pursue the matter.</p> <p>Record reveals that the matter is pending since <b>2014</b>. It is seen from the records that the Applicant has filed the present M.A., being <b>MA/08/2014</b>, on <b>28<sup>th</sup> February, 2014</b>, praying for <b>recalling of the order dated 11.02.2014 and restoration of the SA/471/2010</b> to its original file and number.</p> <p><b>2.</b> 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 <b>28<sup>th</sup> February, 2014</b>, 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. When the matter was posted to 01.12.2017, none is present on behalf of the Misc. Applicant. The matter is taken up for hearing today, on <b>26<sup>th</sup> February, 2019</b> when no one appeared on behalf of the Applicant.</p> <p style="text-align: right; font-size: 1.5em; color: green;">M. Chakraborty</p> </td> <td></td> </tr> </tbody> </table>
Page No.
KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2
ORDER SHEET
(Continuation)
Case No. \_\_\_\_\_
Vs \_\_\_\_\_
<table border="1"> <thead> <tr> <th data-bbox="111 228 188 291">Date of Order</th> <th data-bbox="188 228 794 291">Order with Signature</th> <th data-bbox="794 228 921 291">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td data-bbox="111 291 188 932"></td> <td data-bbox="188 291 794 932"> <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 present M.A only to drag the case without taking any effective steps.</p> <p>(vii) Under the circumstances, as none appears on behalf of the Applicant, the Misc. Application deserves to be dismissed for non-prosecution</p> <p>3. Accordingly, the present M.A., being <b>M.A. 08 of 2014</b>, is dismissed. There shall be no order as to costs.</p> <p>Copy of the Order be uploaded in the Tribunal's Website.</p> <p>File be consigned to the Record Room.</p> <div style="text-align: right; margin-top: 20px;"> <br/> (M. S. RAO) <i>26.02.2019</i><br/> Presiding Officer </div> </td> <td data-bbox="794 291 921 932"></td> </tr> </tbody> </table>