Debts Recovery Appellate Tribunal Delhi allowed restoration of an appeal dismissed on 21.10.2021 after counsel claimed inadvertent error in diary notation regarding listing date, dismissing matter as restored to original stage with final arguments fixed.
Restoration of appeal to its original number and stage.
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.
DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Application No.137/2021 in Appeal No.236/2019 Arising out of S.A.No.163/2018(DRT, Jaipur)
Hinduja Leyland Finance Ltd. Vs Punjab National Bank
30.05.2022 Hon’ble Mr. Justice BrijeshSethi
Present: Mr. Pramod Kumar, Ld. Counsel for the appellant/applicant Mr. R.P.Vats, Ld. Counsel for the Respondent Bank.
This matter has been taken up by me through Video Conferencing.
Misc. Application No.137/2021
This is an application for restoration of the appeal which was dismissed on 21.10.2021. The learned counsel for the appellant states that earlier to 21.10.2021, i.e. on 27.07.2021 when the appeal was called out, he had appeared but inadvertently his presence could not be marked and he had wrongly noted the next date as 25.10.2021 instead of 21.10.2021. He further submits that when this matter was not listed in the cause-list dated 25.10.2021, he had checked the uploaded order-sheets and came to know that the matter was actually listed on 21.10.2021 and was dismissed on the said date. He submits that immediately thereafter he filed the present application for restoration of the appeal on 02.11.2021.
In support of this application he has placed on record an affidavit and copies of pages of his diary.
Learned counsel for the respondent opposes the application.
Since the Ld. counsel had inadvertently noted the date as 25.10.2021 instead of 21.10.2021, the application is allowed in the interest of justice and the appeal is, therefore, restored to its original number and stage.
List on 29.03.2023 for final arguments.
(CHAIRPERSON)
1 issue framed by the court
whether an appeal mistakenly dismissed due to incorrect date notation in diary should be restored
Hinduja Leyland Finance Ltd.
Punjab National Bank
Brijesh Sethi
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
