The Chairperson recused himself from hearing the appeal due to the law firm representing the first respondent. He directed the registry to transfer the matter to another Appellant Tribunal for further hearing.
Matter shall be transferred to some other Appellant Tribunal for further hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson I.A. No. 156/2022 (CoD) In
Appeal on Diary No. 79/2022 Between
Pravara Renewable Energy Ltd. … Appellant/s V/s. Padmashri Dr. Vitthalrao Vikhe Patil …Respondent/s Sahakari Sakhar Karkhana Ltd. & Ors.
Ms. Yashashree Munde along with Ms. Sailee Dhayalkar i/b M/s. Parinam Law Associates, Advocate for Appellant.
Mr. Kunal Vaishnav along with Mr. Pradyumna Sharma i/b M/s. AZB & Partners, Advocate for Respondent No. 1.
Mr. Umar I Azam, i/b M/s. Orbit Law Services, Advocate for Respondent No. 2 & 3.
-: Order dated : 19/05/2022 :-
Respondents have been served. There is appearance for Respondent No. 1 to 3. None appeared for the Respondent No. 4.
Respondents who have appeared seek time for filing reply on I.A. No. 156/2022 i.e. application for condonation of delay.
Since the law firm, M/s. AZB & Partners, is appearing for 1st Respondent, I am not intending to hear the matter, and I recuse.
Registry shall take appropriate steps to address the Competent Authority and get the matter transferred to some other Appellant Tribunal for further hearing.
Sd/Chairperson
mks-6
1
1 issue framed by the court
Whether the matter requires transfer due to conflict of interest arising from the same law firm appearing for the court chairperson.
Pravara Renewable Energy Ltd.
Padmashri Dr. Vitthalrao Vikhe Patil
Sahakari Sakhar Karkhana Ltd. & Ors.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
