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2025 DAILYLAW 20597 (CAL)

INDIAN BANK AND ANR v. PRASANT MAVAI AND ORS

CO/1394/2025 · 2025-08-02

Hiranmay Bhattacharyya

body2025

Judgment text

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Court No. 6 (265719) 02.08.2025 (AD 32) (S. Banerjee) CO 1394 of 2025 Indian Bank & Anr. Vs. Prasant Mavai & Ors. Mr. Joy Saha, Sr. Advocate Mr. Rahul Karmakar Ms. Rituparna Sanyal …for the petitioner Mr. Saha, learned Senior Advocate appearing for the petitioners submits that though the order being no. 4 dated March 13, 2025 passed by the learned Debts Recovery Appellate Tribunal, Kolkata in Appeal No. 28 of 2025 is under challenge in this application under Article 227 of the Constitution of India, he has been instructed to pray for liberty to the petitioners to apply for preponement of the date of hearing of the appeal pending before the appellate tribunal. Though the opposite parties are not present, considering the prayer made by Mr. Saha, learned Senior Advocate, this court is inclined to take up this matter in the absence of the opposite parties. CO 1394 of 2025 stands disposed of without interfering with the order impugned but by giving liberty to the petitioners to approach the learned Debts Recovery Appellate Tribunal, Kolkata to pray for preponement of the hearing of the appeal being no. 28 of 2025, which has been fixed on September 1, 2025. If such a prayer is made, the learned Debts Recovery Appellate Tribunal is requested to consider the same sympathetically and in accordance with law. Learned advocate-on-record of the petitioners shall be obliged to forward a copy of this order to the learned advocate appearing for the opposite parties forthwith. It is, however, made clear that this court has not gone into the merits of the claims and counterclaims of the respective parties in this civil revision application. (Hiranmay Bhattacharyya, J.) 2