Appeal against dismissal of review application. Issues service defects and inconsistency in lower court's observation regarding evidence closure. Appeal marked for future hearing due to underserved respondent.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Appeal No. 158/2022 Arising out of S.A. No. 365/2010 (DRT-III, Delhi)
Kusum Jain & Ors. Vs Jain Co-operative Bank & Ors.
26.09.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Ashish Kumar Sharma, Ld. Counsel for appellant. Mr. Yashartha Gupta, Ld. Counsel for respondent FI.
This matter has been taken up by me through Video Conferencing.
Appeal No.158/2022
This is an appeal against impugned order dated 08.08.2022 vide which the application filled by the applicant for review of earlier order dated 15.07.2019 was disposed of.
The Ld. Counsel for appellant Mr. Ashish Kumar Sharma states that as per order sheet dated 30.08.2018, the respondent bank’s evidence was closed, however, Ld. DRT while passing the order dated 15.07.2019 has observed in para-7 that “the respondent bank has lead its evidence by way of affidavit of Sh. Anil Jain”, which is contrary to the order sheet dated 30.08.2018.
The Ld. Counsel for respondent bank seeks time to file reply to the above submissions as well as to the appeal.
The respondent no.2 has not yet been served. The affidavit of service of respondent no.2 has not been filed till date by the appellant. Let him be served again by all permissible modes for 14.12.2022.
(CHAIRPERSON)
N
Kusum Jain & Ors.
Jain Co-operative Bank & Ors.
Brijesh Sethi
As recorded by the court registry
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