Debts Recovery Tribunals and Appellate Tribunals

STATE BANK OF INDIA vs Gouranga Maiti And Anr on 26 March 2019

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KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2

ORDER SHEET

(Continuation)

Case No. MA/05/2019 (OA/665/2016)

Vs

<table border="1" style="width: 100%; border-collapse: collapse;"> <thead> <tr> <th style="width: 10%; text-align: center;">Date of Order</th> <th style="width: 70%; text-align: center;">Order with Signature</th> <th style="width: 20%; text-align: center;">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td></td> <td> <p>MA/05/2019(<del>665</del> O.A./665/2016) State Bank of India Vs Gouranga Maity &amp; Another</p> <p><b>Date : 26.03.2019</b></p> <p>Present :</p> <p>Ms D. Ghosh, Learned Counsel for Misc. Applicant, State Bank of India<br/> None for Defendants</p> <p style="text-align: center;"><b><u>ORDER ON MA/05/2019 ARISING OUT OF O.A./665/2016</u></b></p> <p>The Misc. Applicant has filed by the present application on 01.03.2019, praying for recall of the order dated 16.01.2019 passed in O.A. 665/2016. The Tribunal vide order dated 16.01.2019 dismissed the O.A./665/2016 for non-prosecution. Hence, the Misc. Applicant, State Bank of India has filed the present Misc. Application along with application for condonation of delay for 43 days.</p> <p>The Misc. Applicant has filed affidavit of service and supplementary affidavit of service, confirming service of notice upon the Defendants by Speed Post, acknowledged by the Defendants, track report filed.</p> <p>None has appeared for the Defendants inspite of service of notices.</p> <p>The Misc. Applicant has pleaded in the MA that the Applicant Bank, State Bank of India filed the O.A. being No. 665/2016 on 23.09.2016 against two Defendants, Gouranga Maiti and Satya Ranjan Maiti for recovery of Rs. 40,37,496=00 with interest calculated till 31.07.2016 and further interest. The matter was listed for hearing before the Tribunal on 16.01.2019. Advocate on Record, Shri Ujjal Kr. Sarkar was unable to appear before the Tribunal and hence the Tribunal vide order dated 16.01.2019 dismissed the O.A. for non-prosecution. Immediately on dismissal of the O.A./665/2016, the Advocate on Record did not intimate the Misc. Applicant. The Misc. Applicant engaged new Advocate to conduct the matter who came to know on 21.02.2019 in</p> <p style="text-align: right; margin-top: 20px;"></p> </td> <td></td> </tr> </tbody> </table>

KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2

ORDER SHEET

(Continuation)

Case No. MA/05/2019

Vs

<table border="1"> <thead> <tr> <th style="text-align: center;">Date of Order</th> <th style="text-align: center;">Order with Signature</th> <th style="text-align: center;">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td></td> <td> <p>respect of the dismissal of the O.A./665/2016. The Misc. Applicant obtained on 21.02.2019 the certified copy of the order dated 16.01.2019 and filed the present MA on 01.03.2019. The Misc. Applicant has submitted that there is a delay of 43 days in filing the present MA and hence, the Misc. Applicant has prayed for condonation of the delay, recall of the order dated 16.01.2019 and allowing the present MA, restoring the O.A. to its original number and file.</p> <p>The Misc. Applicant has annexed statement of account disclosing that the dues of the Misc. Applicant are Rs. 40,37,496=00 as on 31.07.2016. Learned Counsel for Misc. Applicant has submitted that substantial amount of public money is involved to be recovered from the Defendants and the Defendants are liable to discharge the debt liability.</p> <p>Heard the Learned Counsel for Misc. Applicant.</p> <p>The dues of the Misc. Applicant are nothing but public money and the amount of public money recoverable from the Defendants is substantial. The statement of account annexed to the Misc. Applicant discloses the dues of the Misc. Applicant recoverable from the Defendants. The Defendants cannot escape the debt liability or the Misc. Applicant who is the custodian of public money cannot suffer loss and injury for the fault of the Learned Counsel for the Applicant Bank in the O.A./665/2016. Further, the delay of forty three days in filing the Misc. Application is not abnormal delay. The ground taken by the Misc. Applicant for condonation of delay is sufficient. The delay in filing the Misc. Application deserves to be condoned.</p> <p>In view of above, the delay in filing the Misc. Application being No 05/2019 is condoned. The order dated 16.01.2019 dismissing the O.A./665/2016 is recalled. Misc. Application being No. 05/2019 arising out of O.A./665/2016 is allowed. The O.A./665/2016 is restored to its original number and file. The MA./05/2019 is accordingly disposed of.</p> <div style="text-align: right; margin-top: 20px;"> </div> </td> <td></td> </tr> </tbody> </table>

**KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2** **ORDER SHEET** **(Continuation)**

Case No. MA/05/2019

Vs

<table border="1"> <thead> <tr> <th data-bbox="102 219 178 288">Date of Order</th> <th data-bbox="178 219 758 288">Order with Signature</th> <th data-bbox="758 219 890 288">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td data-bbox="102 288 178 922"></td> <td data-bbox="178 288 758 922"> <p>The Misc. Applicant shall serve the copy of the order upon the Defendants and file service report before the Learned Registrar.</p> <p>The Applicant Bank shall take steps for completion of service and completion of pleadings before the Learned Registrar without any further delay.</p> <p>Matter be listed before the Learned Registrar on 16.04.2019.</p> <p>Copy of the order be given to the parties.</p> <p style="text-align: right;"> <br/> (M.S. Rao)<br/> Presiding Officer<br/> Kolkata DRT No. 2 </p> </td> <td data-bbox="758 288 890 922"> <p>26.03.2019</p> </td> </tr> </tbody> </table>

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