Aditya Birla Finance Limited And Another v. Ramapati Plywood And Company And Others

16.10.2023 Sl. No.64(DL) srm C.O. No. 3049 of 2023 Aditya Birla Finance Limited & Anr.

Versus

Ramapati Plywood and Company & Ors.

Mr. Subhadeep Basak ...for the Petitioners.

The petitioners are the finance company and the authorised officer of the said company, who pray for expeditious disposal of S.A. No.338 of 2023, which is pending before the learned Debts Recovery Tribunal-III at Kolkata. Considering the submissions, the Court is of the view that the prayer of the petitioners is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite parties.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to dispose of S.A. No.338 of 2023 along with pending applications, if any, as early as possible without granting unnecessary adjournments to either of the parties. The learned

Tribunal shall give adequate opportunity to the opposite party to contest the proceedings.

This Court has not gone into the merits of the case. A copy of the revisional application along with a server copy of this order be served upon the opposite parties within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)