K P Thirumalai v. City Union Bank Limited
Case brief
What is this about?
The Debt Recovery Appellate Tribunal, Chennai, dismissed multiple applications filed under IA 324/2021 to 327/2021 for restoration and extension of time because the appellant was absent and failed to prosecute the matter.
What did the court decide?
Permissions to condone delay were denied and the appeal was rejected.
What the court decided
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 324/2021, IA 325/2021, IA 326/2021 & IA 327/2021
In
AIR 75/2020
K.P.Thirumalai V/S A.O.,City Union Bank Ltd & 7 Ors
04/07/2022
No representation for Petitioner/Appellant.
This matter is posted today for dismissal as Petitioner/Appellant was absent on previous hearings i.e. on 20.09.2021, 07.04.2022 and 24.05.2022.
To give an opportunity to the Petitioner/Appellant, matter is posted to this day under caption “for dismissal”. In spite of that, Petitioner/Appellant evinced no interest in prosecuting the Application.
Even this Application is filed to condone delay of 68 days in filing Application for restoration of Appeal, which was dismissed for default on 28.12.2020. Petitioner/Appellant failed to evince any interest particularly when the Petitioner earlier experienced dismissal of the Appeal.
Therefore, IA 324/2021 is dismissed for default.
Issues for consideration
1 issue framed by the court
Whether an appeal should be restored when the appellant fails to appear or prosecute the application despite multiple notices and a prior dismissal for default.
Parties & counsel
- appellant
K.P. Thirumalai
- respondent
A.O., City Union Bank Ltd & 7 Ors
Coram
Chairperson
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 331090000752020
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court