The Debts Recovery Appellate Tribunal dismissed the appeal as infructuous, holding that the underlying Special Appeal had been previously dismissed for default.
The Appeal is dismissed. All other Miscellaneous Applications, if any, are 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. 58/2017
Between
Mr Vishwas Shankar Jagtap … Appellant/s V/s. Kotak Mahindra Bank Ltd. & Ors. …Respondent/s Ms Ashwini Jadhav, i/b M/s. Fast Track Legal, Advocate for Appellant.
Mr. Sanjay Anabhwane, i/b M/s. M & S Legal Ventures, Advocate for Respondent No.1
-: Order dated: 11/08/2022:-
The Appellant is before this Tribunal impugning the order in I.A. No.365/2017 in S.A. No.56/2017 on the files of D.R.T. No.III, Mumbai seeking to stall taking over of possession of secured assets by the secured creditor, the Respondent herein. The prayer was declined on 28.04.2017 by the Ld. P.O. The aggrieved Appellant has come up with an appeal challenging that order.
The notices on Respondents Nos.2 and 3 have not yet been served and the application is filed for re-issuing of the notices.
It is submitted by the learned counsel for the Respondent that the S.A. has been dismissed for default. The learned counsel for the Appellant does not deny that fact.
Under the circumstance, this Appeal has become infructuous and there is no point in wasting time hearing this Appeal on I.A. which has already been dismissed pending the S.A which has been disposed of.
Hence, the Appeal is dismissed.
All other Miscellaneous Applications, if any, are dismissed as infructuous.
dpj-8
1
Mr Vishwas Shankar Jagtap
Kotak Mahindra Bank Ltd. & Ors.
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
