Allowed

Dipak Vyas v. the Hongkong and Shanghai Banking Corporation Ltd. and Ors.

DRAT25 Nov 2022MISC APPLICATION/122/2022

Case brief

AI extract

What is this about?

The Debt Recovery Appellate Tribunal allowed an application to restore an appeal and its associated waiver of pre-deposit application that had been previously dismissed in default. The appellant claimed non-receipt of notice and confusion regarding the case status. Respondents had no objection. The matter was restored to its original numbers.

What did the court decide?

Application for restoration of the appeal and waiver application allowed; matter restored to original number.

Dipak Vyas versus the Hongkong and Shanghai Banking… — Company and Corporate | DRAT (2022)

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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI

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Misc. Application No. 122/2022 In Misc. Application No. 31/2022 In Appeal No.328/2019 Arising out of O.A. No. 178/2013 (DRT-III, Delhi)

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Dipak Vyas Vs

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The Honkong & Shanghai Banking Corp. ltd. & Ors.

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25.11.2022 Hon’ble Mr. Justice Brijesh Sethi

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Present : Mr. N.P. Gaur, Ld. counsel for appellant

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Mr. Dhruv Wahi, Ld. counsel for respondent HSBC

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Mr. Rajiv Kapur, Ld. counsel for respondent SBI

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This matter has been taken up by me through Video conferencing. Misc. Application No.122/2022

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This is an application for restoration of the application (Misc. Case No.31/2022) for restoration of the appeal, which was dismissed on 30.08.2022.

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Learned counsel for appellant states that on 04.04.2022 due to some communication gap between his clerk and his advocate associate, he could not appear on the date fixed. He further states that he, however, later came to know that his appeal was dismissed by this Tribunal for non-prosecution on the said date, i.e. 04.04.2022. He submits that subsequently he had filed an application for restoration of the appeal, however, the same was also dismissed on 30.08.2022 in default. Ld. counsel for the appellant states that he was not aware of the dismissal of his application for restoration of the appeal. According to the learned counsel for appellant, when he had appeared before this Tribunal on 19.04.2022 in a connected appeal (No.323/2019) arising out of the same O.A., which was filed by State Bank of India, this Tribunal had specifically enquired about the status of wavier of pre-deposit and condonation of delay in fling his appeal. Learned counsel submits that due to this he was under the impression that his appeal had got restored and stood adjourned to 13.09.2022 to which date the connected appeal filed by the State Bank of India was also adjourned. He states that he was perplexed to note that on 13.09.2022, his appeal was not

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-: 2 :-

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listed and on enquiry he came to know that the application for restoration of his appeal was listed on 30.08.2022 and was dismissed in default. He states that listing of his application for restoration of his appeal on 30.08.2022 was not in his knowledge and, therefore, he could not appear on the said date.

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Learned counsel for respondents have no objection to the restoration of the restoration application and the appeal.

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Heard. In view of the above, the present application (No.122/2022) is allowed and the application for restoration of the appeal is restored to its original number.

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Misc. Case No.31/2022

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For the reasons stated in the application, the same is allowed and the appeal and waiver application are restored to its original number.

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Appeal No.328/2019

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List the matter on 12.04.2022 for hearing on the application (I.A. No.731/2019) for waiver of pre-deposit.

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( CHAIRPERSON )

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-pk

Dipak Vyas v. the Hongkong and Shanghai Banking Corporation Ltd. and Ors.

Case brief

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Dipak Vyas v. the Hongkong and Shanghai Banking Corporation Ltd. and Ors.

Case brief

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