The Tribunal allowed the application for condonation of delay and restoration of appeal No. 144/2008 with the direction that the appellants must pay costs to the respondent bank within two weeks.
Application for condonation of delay and restoration allowed subject to payment of Rs. 15,000/- costs within two weeks.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson
I.A. No. 893/2014 (CoD)
In
M.A No. 892/2014 (Restoration) In
(Appeal No. 144/2008 along with M.A. No. 668/2008, 669/2008 & 670/2008 disposed of)
Between
Jasmin Metals & Ors. … Appellant/s V/s.
ICICI Bank Ltd & Anr. …Respondent/s
Mr. Yogesh K. Deshpande, Advocate for Appellants.
Mr. Gargi Bhagwat, M/s. Divekar Bhagwat & Co., Advocate for Respondent No.1
-: Order dated: 26/07/2022:-
1
happened to be dismissed vide order dated 01.03.2006 and the Appellant filed M.A. No. 941/2006 for getting that Appeal restored to file and Vide order dated 03.07.2008, it was restored to file subject to a condition on payment of costs of Rs.5,000/- to the Respondent Bank and thereafter, the Appeal was numbered as No. 144/2008. Appellant had filed the aforesaid M.A. Nos. 668, 669 and 670/2008 in the Appeal and all those applications together with the Appeal were dismissed for non-prosecution vide order dated 10.07.2014.
2
Sd/Chairperson
dpj-6
3
1 issue framed by the court
Whether the delay of 112 days in filing the application for restoration of appeal can be condoned.
Jasmin Metals & Ors.
ICICI Bank Ltd
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
