The Appellate Tribunal considered a restoration petition seeking to reinstate an appeal dismissed due to non-compliance. The Tribunal noted procedural defects including incomplete verification and missing enclosures, leaving the matter posted for removal of defects.
None granted; matter posted for removal of defects.
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.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
MA. Dy. No. /698/2022 Date: 16/12/2022
(Arising out of Dy. No. 216 of 2019)
T.P. Surya Chandra Rao & Anr. Appellants
Versus
A.O. Deutshe Postbank Home Finance Ltd. & Ors. Respondents
Received a Restoration Petition under section 22(g) of the Recovery of Debts and Bankruptcy Act, 1993 being M.A. Dy. No. 698 of 2022 filed by Ld. Advocate Mr. Vedula Kasi Viswanath on behalf of T.P. Surya Chandra Rao & Anr with a request to set aside the order dated 29/06/2022 passed by Ld. Registrar and the original appeal Dy.No. 216 of 2019, waiver petition and IA be restored.
Application fee of Rs.200/- vide T.R. No.116486 dt. 16.12.2022 has been paid along with the application.
Affidavit of service is filed. Postal tracking reports shows that service upon all the respondents are not completed.
Delay petition being IA/466/2022 is filed wherein requested to condone the delay of 166 days in filing the restoration application to restore Dy. No. 216 of 2019.
Vide order dated 29/06/2022 of Ld. Registrar the matter was not registered due to non compliance of order dated 04/02 /2020.
On scrutiny following defects are found:
Post the matter on 21.12.2022 for removal of defect.
Sd/-
REGISTRAR
1 issue framed by the court
Whether the restoration petition filed to reinstate the appeal satisfies the requirements for registration despite defects in verification and enclosures.
T.P. Surya Chandra Rao & Anr.
A.O. Deutshe Postbank Home Finance Ltd. & Ors.
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
