Allowed
Shri Dhanudas Shrawanji Dongre v. the Nirmal Urban Co-Operative Bank Limited & Ors.
DRATREGULAR APPEAL/199/2014
What the court decided
AI extract
Outcome
Allowed
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present :Mr. Justice Ashok Menon, Chairperson I.A. No. 71/2022 (CoD)
In
M.A. on Lodging No. 190/2020 (Amendment - LR) In Appeal No. 199/2014
Between
Shri Dhanudas Shrawanji Dongre … Applicant/s V/s.
The Nirmal Urban Co-operative Bank Ltd. & …Respondent/s Ors.
Ms. Aarti Suvarna, Advocate for Legal Heirs of Appellant. Mr. V. V. S Murty, Officer of Respondent No.1, appeared in person and seeks time to engage Advocate and file Vakalatnama.
-: Order dated :11/05/2022 :-
I.A. No. 71/2022 is an application for condonation of delay
of 109 days in filing application for bringing Legal Heirs of deceased Appellant on record.
Heard the Ld. Counsel appearing for Legal Heirs of Appellant.
Legal Heirs of Appellant have filed application for bringing Legal Heirs of deceased Appellant on record. On 28.07.2019 original Appellant died. Application was filed within time for bringing legal heirs of deceased Appellant on record but it was defective. Defects could not be cured. Thereafter, present application was filed on 12.02.2019 causing the delay in 109 days.
Ld. Counsel for Legal Heirs of Appellant submits that there is delay because another counsel who appeared for Appellant had filed the earlier application, but the defects were not cured.
On going through the application and accompanying Affidavit, I am convinced that delay has been explained satisfactorily. Hence, application for condonation of delay in filing amendment application is allowed and delay of 109 days in filing application is condoned.
Advocate for Legal Heirs of Appellant is directed to cure the defendants pointed out by the Registry in M.A. on Lodging No. 190/2020 i.e. application for amendment to bring the Legal Heirs of the deceased Appellant on record.
Post on 25.05.2022 before Registrar for compliance.
mks-36
Shri Dhanudas Shrawanji Dongre
The Nirmal Urban Co-operative Bank Ltd.
Ashok Menon
As recorded by the court registry
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