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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson Appeal No.341/2015
Between
M/s. Reges Bone & Joint Care Centre … Appellant/s V/s.
The Sahebrao Deshmukh Co-op. Bank Ltd.
…Respondent/s
Mr H. Naronha, Advocate for the Appellant.
Mr Sanjay Anabhawane, i/b Ms Medha Rane, Advocate for Respondent No.1.
-: Order dated 26/08/2022:-
The Ld. Counsel who was appearing for the Appellant submits that the Appellant is no more and no instructions have been received from the legal representative of the deceased Appellant.
The Appeal has already abated since no steps have been taken to bring on record the legal heirs of the deceased Appellant.
The Appeal is, therefore, dismissed for default.
All other Miscellaneous Applications, if any, are dismissed as infructuous.
Sd/-
Chairperson
mks-20
1
2 issues framed by the court
Whether an appeal filed by a deceased appellant without substitution of legal heirs can be continued.
Whether the appeal should be dismissed for default due to lack of instructions from the legal representative.
M/s. Reges Bone & Joint Care Centre
The Sahebrao Deshmukh Co-op. Bank Ltd.
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court