The appellate tribunal allowed a miscellaneous application to restore an appeal dismissed in default owing to a communication gap, ordering the matter to be reheard.
Restoration of the appeal and listing for hearing on 23.02.2023.
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. Application No.160/2021 In Appeal No.466/2016 Arising out of S.A. No. 247/2014 (DRT-II, Chandigarh)
Gurvinder Kaur & Anr. Vs Authorised Officer, HDFC Bank & Ors.
14.11.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Atul Sharma, Ld. Counsel for applicant/appellant. Mr. Rajendra Sahu along with Mr. Aju Ashok, Ld. Counsels for respondents.
This matter has been taken up by me through Video Conferencing.
Miscellaneous Application No. 160/2021
This is an application filed against the order dated 02.08.2021 vide which the appeal was dismissed in default.
Ld. Counsel for applicant/appellant states that he has earlier appeared regularly, however, on 02.08.2021 due to communication gap from appellant he could not appear and matter was dismissed in default and, therefore, he has filed the present application on 28.12.2021.
Ld. Counsel for respondents on the other hand strongly opposes the application and states that prior to the date of dismissal of the application the Ld. Counsel for the appellant was not appearing but only proxy counsel was appearing on his behalf .
Heard. In view of the reasons given by the Ld. counsel for the appellant, the present application is allowed in the interest of justice and the appeal is restored to its original position.
Appeal No.466/2016
List this matter for 23.02.2023 for hearing in the appeal.
(CHAIRPERSON)
N
1 issue framed by the court
Whether to allow a miscellaneous application seeking restoration of an appeal dismissed in default due to a communication gap.
Gurvinder Kaur & Anr.
Authorised Officer, HDFC Bank & Ors.
Brijesh Sethi
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
