Ms Unicon Wires Pvt. Ltd. v. Bank of Baroda
Case brief
What is this about?
The Debts Recovery Appellate Tribunal, Kolkata, in a miscellaneous application seeking time extension, ordered that the case would not be registered due to non-compliance with an earlier order. The respondent argued the appeal was not alive without a restoration petition.
What did the court decide?
Case will not be registered for non-compliance; further extension of time refused.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
MISC Application DY No./469/2020, Date. 22/12/2022 Arising out of Appeal DY.No.205/2019
M/s. Unicon Wires Pvt. Ltd . ……………… Misc. Applicant
V/s.
A.O. Bank of Baroda & Anr………………..Respondents
No one appears for Misc. Applicant.
Ld. Counsel Mr. Dipanjan Datta appears for Respondent No. 1 and submits that the Miscellaneous Application is simply extension of time to comply the order dated 14/02/2020. No restoration petition had been submitted by the Ld. Advocate of the appellant as such the appeal is not alive any more. Hence the said Miscellaneous Application should be rejected.
This Miscellaneous Application was filed on 02.12.2020 by Ld. Advocate Mr. Tuna Sahu on behalf of M/s. Unicon Wires Pvt. Ltd, praying for extension of time to comply the order dated 14/02/2022 in Dy. No. 205 of 2019 passed by Hon’ble Chairperson.
It is observed that despite of third round of listing and also a notice dated 28.10.2022; no one is appearing before the bench for removal of defect mentioned in order dated 11/05/2022.
This case will not be registered due to non-compliance of order dated 11/05/2022.
Issues for consideration
2 issues framed by the court
Whether to allow extension of time to comply with an order when prior orders remained unchallenged.
Whether to register a case which was dismissed for non-compliance with an earlier order.
Parties & counsel
- applicant
M/s. Unicon Wires Pvt. Ltd
- respondent
A.O. Bank of Baroda
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · December
- CNR
- 191090004692020
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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