State Bank Of India v. Devi Ispat Ltd. And ANR

December 11, 2023 Sl. No.283 Court No.19 s.biswas CO 4055 of 2023 State Bank of India vs.

Devi Ispat Limited and another Ms. Deblina Lahiri Mr. Mrinmoy Chatterjee ... for the petitioner The petitioner claims to be the creditor and prays that the appeal under Section 18 of the SARFAESI Act being Appeal No.99 of 2016, which is pending before the learned Debts Recovery Appellate Tribunal, Kolkata, be disposed of expeditiously. It is submitted that an application for addition of party is also pending.

Under such circumstances, this court is of the view that justice would be subserved, if the learned court below is directed to dispose of the said appeal along with pending application, on an urgent basis. This court has neither gone into the merits of the application nor into the merits of the appeal. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service of this revisional application upon the opposite parties, would not be necessary. The prayer is innocuous and very reasonable.

The revisional application is disposed of with a direction upon the learned tribunal to dispose of the pending application within two months from the next date fixed. Thereafter, the learned tribunal shall

proceed with the appeal and dispose of the same within six months, upon disposal of the application, without granting unnecessary adjournments to either of the parties and upon granting adequate opportunity to the opposite parties to contest the proceedings. The learned tribunal shall proceed strictly in accordance with law and independently. Petitioner is directed to serve a copy of this revisional application along with the server copy of this order upon the opposite parties.

Accordingly, the revisional application is disposed of.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)