The tribunal allowed two interim applications: one to amend the cause title as the appellant merged with Bandhan Bank, and another to implead legal heirs of a deceased first respondent, holding the second application in time due to limitation starting from date of knowledge of death.
Special Leave Petition dismissed.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
IA No. 3/2021(Amendment) And I.A. No. 99/2021 (Lrs.on Record)
In Appeal No. 34/2019
Between
Gruh Finance Ltd. … Appellant/s V/s. Pradip Kaniyalal Shah & Ors. …Respondent/s
Mr. Akash S. Achrya, Advocate for Appellant.
-: Order dated : 15/06/2022 :-
I.A. No. 03/2021, an application for amending the cause title pertaining to the Appellant which has now merged with Bandhan Bank, is allowed.
I.A. No. 99/2021 is to bring on record the legal heirs of the deceased Respondent No. 1.
The Respondents were served but none appeared to contest this application.
The information of death was belatedly informed to the Appellant and hence there was some delay but since the period of limitation begins to run only from the date of knowledge of death, the application is in time. Hence the application for impleading the legal heirs of the deceased the first Respondent is also allowed and the Additional Respondent No. 1(a), 1(b) & 1(c) are impleaded.
The impleadment shall be carried out within two weeks and the amendment also shall be carried out within two weeks.
Post on 08.07.2022 before Registrar for compliance.
Sd/Chairperson
mks-6
1
1 provisions across 1 enactments
Gruh Finance Ltd.
Pradip Kaniyalal Shah & Ors.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
