The appellate tribunal restored an appeal dismissed for want of pre-deposit due to counsel's error in noting the appearance date, granting a final opportunity for pre-deposit before further proceedings.
The appeal was restored to its original number and stage, and listed on 23.02.2023 for making pre-deposit.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Application No. 167/2022
In Misc Appeal No. 59/2020 Arising out of Misc. Application No.118/2019(DRT, Jaipur)
Mahaveer Vs State bank of India
21.12.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Rajat Praksh, Ld. Counsel for the applicant/appellant
This matter has been taken up by me through Video Conferencing.
Misc. Application No.167/2022
This is an application for restoration of the appeal which was dismissed on 05.09.2022 for want of pre-deposit. Learned counsel requests for 15 days’ time to make the pre-deposit. Counsel submits that he had wrongly noted the date and, therefore, could not appear on 05.09.2022.
Heard. For the reason stated in the application, the appeal is restored to its original number and stage.
List matter on 23.02.2023 for making pre-deposit/further proceedings. This is last opportunity given to the appellant to make pre-deposit.
(CHAIRPERSON)
-pk
1 issue framed by the court
Whether the appeal should be restored to its original number and stage given the appellant's failure to appear on the stipulated date due to a noted error in recording the date.
Mahaveer
State bank of India
Brijesh Sethi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
