Debt Recovery Appellate Tribunal - Kolkata
Case brief
What is this about?
Registrar declined to register an application seeking recall of an order and restoration of an appeal, ruling it to be a Miscellaneous Application based on the correct case type filed.
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
Regular Appeal Dy. No. 156 of 2023 Date: 01/03/2023
(Arising out of Dy No. 657 of 2022)
Rekha Bhattacharjee ------------ Applicant
Versus
Authorised Officer, State Bank of India & Ors. ------------ Respondents
Received an Application through online on 27/02/2023 being Regular Appeal Dy. No. 156 of 2023 filed by Ld. Advocate Mr. Basudev Mukherjee on behalf of Applicant, Rekha Bhattacharjee with a request to recall the order dated 03/02/2023 and restore the instant appeal to its original file. Hard copy of the application received on 01/03/2023.
Application fee of Rs.250/- vide Transaction Ref. ID 2702230034277 dt. 27.02.2023 has been paid through online.
Affidavit of service is not filed.
As per scrutiny sheet dated 01/03/2023 it is observed that the application has been wrongly filed online in case type of regular appeal. As the contention of the above application is recalling the dismissal order dated 03.02.2023 passed by Hon’ble Chairperson, the application should be filed online in Misc. Application as case type.
Issues for consideration
1 issue framed by the court
Whether an application to recall a dismissal order and restore an appeal should be filed as a Regular Appeal or as a Miscellaneous Application.
Parties & counsel
- applicant
Rekha Bhattacharjee
- respondent
Authorised Officer, State Bank of India & Ors.
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court