This order restores a default-dismissed appeal arising from DRT proceedings. The court accepts the 25% pre-deposit but withholds a final decision on the waiver of the remaining balance pending notice to the respondent bank.
Appeal restored; Notice issued to respondent bank regarding waiver of pre-deposit application.
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.
DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Case No.70/2022 In Misc. Appeal No.36/2020 Arising out of S.A. No.21/2020 (DRT-I, Delhi)
M/s. ADG Online Solutions Pvt. Ltd. & Ors. Vs. HDFC Bank Ltd.
23.08.2022 Hon’ble Mr. Justice BrijeshSethi
Present: Mr. Abhinav Agnihotri, Ld. counsel for the applicants
This matter has been taken up by me through Video Conferencing on being mentioned today by the learned counsel in view of urgency.
Misc. Case No.70/2022
This is an application for restoration of the appeal which was dismissed in default on 22.08.2022. For the reasons given in the application, the appeal is restored to its original number.
Learned counsel for appellants states that as volunteered 25% pre-deposit has been made by the applicants and an application for waiver of the balance 25% pre-deposit has also been moved.
I.A. No.523/2022 and Misc. Appeal No.36/2020
Let notice on the waiver application (I.A. No.523/2022) and in the appeal be issued to the respondent bank for 25.08.2022 by all permissible modes. Notice in the appeal is, however, subject to the decision to be taken on the waiver application after hearing the opposite counsel also.
(CHAIRPERSON)
-pk
2 issues framed by the court
Whether the appeal dismissed in default under DRT proceedings can be restored upon payment of 25% pre-deposit.
Whether the respondent bank should be called upon before deciding the waiver of balance 25% pre-deposit application.
M/s. ADG Online Solutions Pvt. Ltd. & Ors.
HDFC Bank Ltd.
Brijesh Sethi
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
