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2021 Supreme(Ori) 210

B.P.ROUTRAY
Suresh Agarwal – Appellant
Versus
Ores Enterprises Private Limited – Respondent


Advocates Appeared:
Mr. Subrat Mishra, Advocate, for the Appellant; Mr. S.R. Pattnaik, Advocate, for Opposite Party No.1 Mr. P.Pattnaik, Advocate for Opposite Party No.2 Mr. Tuna Sahu, Advocate, for Opposite Party No.5, for the Respondent.

ORDER

1. This matter is taken up by video conferencing mode.

2. This is a petition challenging an order dated 6th October 2020 of the Debts Recovery Appellate Tribunal (DRAT), Kolkata whereby an order dated 28th June 2019 of the Debts Recovery Tribunal (DRT), Cuttack in MA No.89 of 2019 arising out of OA No.381 of 2011 was set aside and Opposite Party No.1-M/s. Ores Enterprises Pvt. Ltd was permitted to file an appeal against the proceedings of the Recovery Officer (RO), DRT, Cuttack before the DRT for disposal of such appeal within four weeks from the date of filing of the appeal.

3. On 18th November 2020, while directing notice to be issued in this case, the following order was passed:

    'The Court is convened through Video Conferencing mode.

    Heard learned counsel for the petitioner.

    The contention of learned counsel for the petitioner is that the Debt Recovery Appellate Tribunal, Kolkata in the impugned order dated 06.10.2020 was not justified in directing that the time spent by the opposite party-M/s. Ores Enterprises (P) Ltd. in the DRT and DRAT shall be exempted for the purpose of hearing of the appeal before the learned Presiding Officer, DRT, Cuttack. Learned counsel for the pet

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