7 Pyaridevi Chabiraj Steels ... vs Axis Bank Limited & Anr
2022 Latest Caselaw 2349 Cal

16     26.04.

AGM
/RKB
                                   C.O. 889 of 2022
 Ct
07               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 Tribunal-

I. 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)