The appellate tribunal restored an appeal to its original number and stage after accepting counsel's explanation for absent from the default dismissal hearing due to lack of notice.
Misc. Application No.165/2022 allowed; Appeal restored to original number and stage; Notice issued for I.A. No.255/2022.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Application No.165/2022 In Appeal No.56/2022 Arising out of Appeal No.20/2021(DRT-II, Delhi)
Shri Nishant Bajaj & Anr. Vs HDFC Bank & Anr.
20.12.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Parmeet Singh, Ld. counsel for appellants/applicants
This matter has been taken up by me through Video Conferencing.
Misc. Application No.165/2022
This is an application for restoration of the appeal which was dismissed in default on 13.09.2022. Ld. counsel for the appellants/applicants states that he could not appear on 13.09.2022 because of the reason that he was not aware of listing of his case on the said date.
For the reasons given in the application, the application is allowed and the appeal is restored to its original number and stage.
Counsel for the appellants states that the appellants are auction purchasers of the property in question.
Let notice of the application for condonation of delay (I.A. No.255/2022) and the appeal be issued to the respondents by all permissible modes for 22.03.2023.
(CHAIRPERSON)
-pk
2 issues framed by the court
Whether to allow restoration of the appeal dismissed in default due to lack of notice of listing.
Whether to issue notice for condonation of delay application.
Shri Nishant Bajaj & Anr.
HDFC Bank & Anr.
Brijesh Sethi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
