Respondent sought restoration of an appeal dismissed in absentia. Court granted liberty to raise contentions before the suspended DRT. Application dismissed as not pressed.
The application was treated as not pressed and dismissed, liberty granted to raise contentions before the DRT.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Application No. 16/2021 In Misc. Appeal N.363/2019 Arising out of S.A. No. 140/2019 (DRT-II, Chandigarh)
Standard Chartered Bank Vs Bhupender Kumar
23.11.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Rajeev Sagar, Ld. counsel for appellant
Mr. Vikash Sharma, Ld. counsel for respondent
This matter has been taken up by me through Video Conferencing.
Misc. Application No.16/2021
This is an application filed by the respondent for restoration of the appeal which was disposed of by this Tribunal on 18.12.2020 on the ground that he has not been heard when the final order was passed in the appeal.
Perusal of the order-sheet dated 08.12.2020 reveals that none had appeared for the respondent on that date and order was passed by allowing the bank’s appeal. Now, by way of this application, the respondent is seeking restoration of the appeal with liberty to him to argue the matter.
Learned counsels submit that the S.A. is pending before the learned DRT for adjudication and agree that they will make their respective submissions before the DRT in the S.A.
Keeping in mind the fact that S.A. is pending before the learned DRT, liberty is granted to the learned counsels to raise all contentions, which are taken in this appeal, before the learned DRT. Let the learned DRT pass appropriate order in accordance with law considering all the contentions raised by applicant/respondent and the appellant.
In view of above, the learned counsel for the applicant/respondent does not press the present application and the same is dismissed as not pressed.
File be consigned to record.
(CHAIRPERSON)
-pk
Standard Chartered Bank
Bhupender Kumar
Brijesh Sethi
As recorded by the court registry
2 orders share this CNR
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