Debts Recovery Tribunals and Appellate Tribunals

SK SAMIR ALI vs CANARA BANK on 31 July 2026

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

Misc. Appeal Diary No. 755 of 2026 Order No. 03 31.07.2026 Sk. Samir Ali & 0thers … Appellants -Vs- Canara Bank … Respondents Mr. Shounak Mukherjee with Mr. Rajeev Maity, Learned Counsel for the Appellants Mr. Debasish Chakrabarti, Learned Counsel for Respondent THE APPELLATE TRIBUNAL: For Admission I.A. 486 of 2026 Application, under Section 18 (1) of the SARFAESI Act, 2002, praying for waiver from making pre deposit. Mr. Debasish Chakrabarti has put in appearance for Respondent Bank. Let paper book be served upon the Respondents. Opposition to I.A. be filed within a week with copy to the Appellants.

Learned Counsel for Appellant has placed reliance upon the order of the Hon’ble High Court passed on 30th June, 2026 in W.P. 2066 of 2026 wherein the Hon’ble High Court directed that: “If an appeal is preferred on or before 17th July, 2026, interim order shall continue till the end of the month of July, 2026 or until further orders whichever is earlier.

2 In the event the petitioner approaches the Appellate Tribunal within the time indicated above, Learned Appellate Tribunal shall make an endeavour to take up the matter for hearing for the purpose of consideration of the interim order, if any. It is however, made clear that if any application for interim relief is filed, Learned Appellate Tribunal shall be free to decide the same in accordance with law subject to compliance of all formalities in that regard.” Since I.A. for waiver is pending for disposal, appeal can only be maintained after making of pre deposit, as required under Section 18 of the SARFAESI Act, 2002. In such circumstances, let opposition to I.A. be filed and the matter be listed for hearing on 5th August, 2026. Opposition be filed before the date fixed with copy to Appellants. (Anil Kumar Srivastava,J) Chairperson Dated: 31st July, 2026 02/ac

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