Pyaridevi Chabiraj Steels Private Limited And ORS v. Axis Bank Limited And ANR
26.04.
C.O. 889 of 2022 AGM /RKB Ct Pyaridevi Chabiraj Steels Private Limited & Ors Vs Axis Bank Limited & Anr Mr. Saptangshu Basu, Sr. Adv Mr. Arijit Bardhan, Mr. Rishabh Dutta Gupta, ... For the petitioners.
The subject matter of challenge in this revisional application is against the judgment and order dated 29th March, 2022 passed by learned Judge-in-charge, Debt Recovery Tribunal-I, Kolkata in S. A. No. 90 of 2019.
Mr. Saptangshu Basu, learned Senior advocate for the petitioners/applicants submits that the judgment has been delivered by charge Court, without publishing the matter in the cause list on the relevant date. It is further contended by Mr. Basu that there has been serious infraction of the Rules available under Section 14 of the Debt Recovery (Procedure) Rules, 1993.
The contention thus raised by Mr. Basu is that a charge Court should not have delivered the judgment, even after the availability of regular incumbent of the concerned Debt Recovery TribunalI. Mr. Basu wants to prefer a review application under the provisions of the law, and proposes for granting some interim protection till the date of filing
review application before the Court concerned. Without going into the details, let there be an order directing stay of operation of the impugned judgment and order dated 29th March, 2022 passed in S.A. 90 of 2019 of Debt Recovery Tribunal-I, Kolkata, for a period of fifteen days from hence, simply to file a review application before the Court concerned within such time, as proposed by Mr. Basu.
It is further clarified that if any review application is filed before the Court concerned, with a prayer for stay, the same may be decided afresh by the Court concerned in accordance with law, without being influenced by the order made by this Court. With this observation and direction, the revisional application stands disposed of.
Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.
(Subhasis Dasgupta, J)