The appeal was dismissed for default due to the non-appearance of the appellants at successive hearings. Consequently, all other miscellaneous applications were dismissed as infructuous.
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
Misc. Appeal No. 22/2018
Between
Mr. AnantSubryaBhat&Ors. … Appellant/s V/s. Phoenix ARC Pvt. Ltd. &Ors. …Respondent/s
Mr. Sanjay Anabhawane, i/b M/s. M & S Legal, Advocate for the Respondent No. 1.
Order dated: 04/07/2022:-
There has been no appearance for the Appellants for the last so many hearings.
The Respondents Nos. 1 to 3 have appeared and the rest of the Respondents have been set ex-parte.
The Ld. Counsel for Respondent No. 1 alone is present today and it is submitted that the Appellants do not appear to be keen on proceeding with the matter. There also appears to be a Writ Petition filed by Appellants claiming to be a bonafide purchaser of the property.
Under circumstances, I find that the Appeal is dismissed for default.
All other Miscellaneous Applications, if any, are dismissed as infructuous.
Sd/Chairperson
mks-14
1
Mr. Anant Subrya Bhat & Ors.
Phoenix ARC Pvt. Ltd.
Ashok Menon
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
