Mr Bivas De v. Hdfc Bank
Case brief
What is this about?
The Tribunal allowed an interim application condoning delay. It recalled a previous order dismissing the appeal on default, citing illness of the legal counsel, subject to distressed costs of Rs. 40,000 to the State Legal Services Authority within two weeks.
What did the court decide?
Recalled order of default dismissal; appeal to be restored subject to payment of Rs. 40,000 as costs.
What the court decided
A compact analysis
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.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
M.A. Diary No. 256 of 2022
in
Appeal No. 09 of 2020 (Arising out of O.A. 475 of 2019 in DRT-1, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
30.06.2022 Bivas De
… Appellant
-VsHousing Development Finance Corporation Limited
… Respondent
Mr. K.J. Tiwari with Mr. Prantick Ghosh, Learned Counsel for Appellant
Ms. Mekhala Kanji, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
I.A. 168 of 2022
Issues for consideration
2 issues framed by the court
Whether to condone delay in filing an application to recall an order dismissing an appeal
Whether the extreme order of default dismissal in the absence of the appellant should be recalled
Parties & counsel
- appellant
Bivas De
- respondent
Housing Development Finance Corporation Limited
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 191090002562022
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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