Indian Bank and Anr. v. M/s Kamna Enterprises and Anr.
Case brief
What is this about?
The Chairperson recalled the order declining registration of the appeal due to record loss in a flood. The appeal-in-chamber was allowed; the main appeal was restored to its original number to be admitted after defect removal. Dismissal will follow if defects are not rectified by 31.08.2022.
What did the court decide?
Recall of the order declining registration; main appeal restored to original number subject to removal of defects within 15 days.
M.A. No. 06/2022 In Appeal Dy. No. 306/2019 Date: 09.05.2022
Indian Bank & Anr. Vs. M/s Kamna Enterprises & Ors.
Present: Shri Mayank Srivastava, counsel for the appellants, None for the respondents,
Heard the learned counsel for the appellants.
The present appeal-in-chamber has been filed by the appellants for recalling the order dated 02.12.2019, by which the appeal was declined to register by the Registrar of this Appellate Tribunal. Learned counsel for the appellants submits that there were two defects in the appeal, which could not be removed due to misplace of record in flood. The learned counsel now undertakes to remove the defects as pointed out by the registry.
In view of the submission made by the counsel for the appellant, the order dated 02.12.2019 passed by the Registrar is recalled and the present appeal-in-chamber is allowed. Consequently, the main appeal is also restored to its original number subject to removal of defects within 15 days. If the defects are removed within the stipulated period, then the appeal be listed for admission on 31.08.2022, otherwise, the appeal shall stands dismissed without reference to the court.
Justice R. D. Khare Chairperson
VN Giri
Issues for consideration
1 issue framed by the court
Whether the order of the Registrar declining to register the appeal should be recalled due to defects caused by flood damage to the record.
Parties & counsel
- appellant
Indian Bank & Anr.
- respondent
M/s Kamna Enterprises & Ors.
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · May
- CNR
- 091090003062019
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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