The DRT dismissed Default Applications No. 808/2010 and 809/2010, filed to restore Appeal No. 168/2006 and condone delay therefor, noting the appellant's persistent absence and assumption of lack of inclination to prosecute.
Applications for restoration of Appeal and condonation of delay were dismissed.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
M.A. No. 808/2010 (Restoration)
And
M.A. No. 809/2010(CoD) In
(Appeal No. 168/2006-Disposed of)
Between
State Bank of India … Appellant/s V/s. Union Bank of India &Ors. …Respondent/s
-: Order dated: 19/07/2022:-
The Appeal No. 168/2006 was dismissed for default on 27.01.2010. The Appellant thereafter filed an application as M.A. No. 808/2010 for restoration of the Appeal delay, and M.A. No. 809/2010 is an application for condoning of delay in filing the restoration application. These applications have been pending consideration since 2010.
The Appellants are not being represented despite there being specific orders by this Tribunal directing the parties to appear for the hearing. Despite that, the Appellant/Applicant is not present or represented.
I assume that the Appellants are not keen on prosecuting the Appeal and applications.
1
Hence, the application filed as M.A. No. 809/2010 for condonation of delay and also the application filed as M.A. No. 808/2010 for restoration of Appeal No. 168/2006 stands dismissed for default.
All Miscellaneous Applications, if any, are dismissed as infructuous.
Sd/Chairperson
mks-22
2
1 issue framed by the court
Whether to restore Appeal No. 168/2006 or condone delay in filing the restoration application given the appellant's non-appearance and assumption of lack of interest.
State Bank of India
Union Bank of India
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
