Debts Recovery Tribunals and Appellate Tribunals
RUDRA BHATTACHARYA AND ANR vs BANK OF INDIA on 20 April 2021
THE DEBT RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Dated this the 20th day of January, 2021
PRESENT: Dr. T. RAVI SHANKAR, HON’BLE CHAIRPERSON
Diary No. 225 of 2020
(Arising out of I.A No. 73 of 2019 in S.A No.142 of 2015 in DRT-III, Kolkata)
.
Sri Rudra Bhattacharya and Another.
……..
Petitioners
-Versus-
The Authorised Officer,
Bank of India and 3 others.
.......... Respondents
Counsel for the petitioners: Mr. Soumya Roy Counsel for Respondent / Bank: Mr.Ramesh Chandra Prusti.
No. 1 & 2.
Counsel for Respondents 3 and 4 ::
None appears.
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O R D E R
Learned Counsel for the petitioners and the Respondent nos. 1 and 2 are present. There is no representation for Respondents 3 and 4.
Heard the learned counsel.
Mr. Soumya Roy, learned counsel for appellants states that the valuation report of the movable in the custody of the bank has not been filed before the Tribunal below and prayed that the bank may be directed to file the Valuation Report along with the affidavit before the Learned Presiding Officer and the Learned Presiding Officer may be directed to take up the matter after filing the Valuation Report.
-2-
Learned counsel for the bank stated that the Valuation Report has already been filed and the question of valuation report being filed for the second time does not arise and stated that the Learned Presiding Officer may be directed to hear the matter and pass orders at the earliest. The Bank is directed to file the Valuation Report afresh inthe Tribunal below and the learned Presiding Officer is directed to take up the valuation report and proceed to assess the value of the goods and at the same time proceed to take up the matter along with all other IAs in the SA and dispose of the S.A in accordance with law on or before 31.03.2021.
This appeal is disposed ofaccordingly.
File be consigned to record room.
(Dictated to the Stenographer, transcribed by him, corrected, signed and pronounced by me on this the20th day of January 2021).
Sd/= (Dr. T. Ravi Shankar) Chairperson