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Calcutta High Court (Appellete Side)

Union Bank Of India And Ors vs Sudhir Kumar Patodia And Anr on 13 February, 2020

Author: Dipankar Datta

Bench: Dipankar Datta

13.02.2020
KC(16)

                                    CAN 5339 of 2019
                                          With
                                    CAN 5340 of 2019
                                           In
                                   M.A.T. 787 of 2019
                               Union Bank of India and Ors.
                                        -versus-
                              Sudhir Kumar Patodia and Anr.


Mr. Pankaj Kumar Mukherjee..........For the appellants/
                                   applicants.

Mr. Siddhartha Banerjee,
Mr. Sanchayan Banerjee,
Mr. Souradeep Banerjee................For the respondents.

Re: CAN 5339 of 2019.

CAN 5339 of 2019 is an application seeking condonation of 87 days' delay in presentation of the appeal.

We have heard learned advocates for the parties and perused the averments made in the application. Cause shown is sufficient. The delay in presentation of M.A.T. 787 of 2019 is condoned. CAN 5339 of 2019 is allowed. There shall be no order as to costs.

Register the appeal, if it is otherwise in form.

Re: CAN 5340 of 2019.

CAN 5340 of 2019 is an application for stay filed in the appeal. Having heard learned advocates for the parties on the question of interim relief, sought for in the appeal, which is directed against an order dated 5th February, 2019 passed by a learned Judge of this Court disposing of the writ petition of the respondents/writ petitioners (hereafter the respondents), we consider it necessary to have the records placed before us by the appellants/applicants, which would show that the "Committee headed by an 2 Executive Director", which was set up to examine individual cases of wilful defaulters, had approved reporting of the account of the respondents to various credit information companies as wilful defaulter. Such records shall be placed before us on next Thursday (20.02.2020), when the application shall be listed once again under the said heading.

(DIPANKAR DATTA,J.) (MADHUMATI MITRA,J.)