The Debts Recovery Appellate Tribunal allowed an application for the restoration of a dismissed miscellaneous appeal, noting the appellant's ill health as a contributing factor despite procedural lapses.
Application for restoration allowed on payment of Rs. 10,000/- as cost to the Bar Association.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
M.A. No. 87/2020 (Restoration) In
(Misc. Appeal No. 02/2014 - Disposed of)
Between
Smt. Sunita Sunil Sohel … Appellant/s V/s. Asset Reconstruction Company (I) Ltd. … Respondent/s Mr V.R. Pandey, Advocate for Appellant.
-: Order dated: 20/09/2022:-
1
she could have informed the counsel over the telephone to seek an adjournment and/or could have engaged another counsel, but no such instructions were given by her. She need not have to come physically to Mumbai to engage another counsel or to give instruction to her counsel. The reason submitted is not very satisfactory and the Respondent has not appeared despite being served with notice.
Sd/Chairperson
dpj-18
2
1 issue framed by the court
Whether an application for restoration of a dismissed appeal pending for non-prosecution should be allowed on material of illness and engagement of counsel.
Smt. Sunita Sunil Sohel
Asset Reconstruction Company (I) Ltd.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
