Bank of India v. M/s. B.N Parida
Case brief
What is this about?
The Debt Recovery Appellate Tribunal allowed an application to recall an order dismissing an appeal on default. The court recognized the illness of the appellant's counsel as a valid ground, restored the appeal to its original file, and listed it for hearing.
What did the court decide?
Misc. Application allowed; order recalled; appeal restored to original file and number.
What the court decided
A compact analysis
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
Misc. Application Diary No. 183 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
12.06.2023 Bank of India … Appellant -VsM/s. B.N. Parida & Company & 4 Others … Respondents
Ms. Kasturi Dasgupta, Learned Counsel for Appellant
THE APPELLATE TRIBUNAL :
Appellant has preferred Misc. Application Diary No. 183 of 2023 for recall of the order dated 17th February, 2023 whereby the appeal, being Diary No. 294 of 2021, was dismissed on default on the ground that the Learned Counsel could not appear when the matter was called on for hearing due to his illness.
Application is filed within time. Respondents are served. I have considered the submission made by the Learned Counsel for Appellant and the grounds, as made in the application.
I find the grounds sufficient and accordingly Misc. Application Diary No. 183 of 2023 is allowed and the order dated 17th February, 2023 is hereby recalled. Appeal be restored to its original file and number.
List on 8th August, 2023 for hearing of the appeal.
Issues for consideration
1 issue framed by the court
Whether a miscellaneous application for recalling an order dismissing an appeal on default due to the appellant's counsel's illness should be allowed.
Parties & counsel
- appellant
Bank of India
- respondent
M/s. B.N. Parida & Company
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 191090001832023
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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