M P Enterprises v. Hdfc Bank
Case brief
What is this about?
The tribunal condoned a 25-day delay in filing an appeal by Appellants M/s M. P. Enterprises & Ors., directing payment of costs totaling Rs. 10,000 to be deposited within one week to enable a fair contest on merits.
What did the court decide?
The delay in filing the appeal was condoned on condition that the Appellants pay Rs. 10,000 as costs within one week.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 102/2023 (CoD) In Appeal on Diary No. 183/2023
Between
M/s M. P. Enterprises & Ors. … Appellant/s V/s.
HDFC Bank Ltd.
…Respondent/s
Ms Sanjana Ghogare, Advocate for Appellants. Ms. Hema Desai, Advocate for Respondent Bank.
-: Order dated: 17/02/2023:-
The matter is taken up for hearing by way of praecipe filed by the Appellants seeking urgent relief.
- The Appellants are in appeal impugning the order dated 08.12.2022 made in I.A. No. 1152/2022 in Original Application No. 155 of 2022 on the files of the Debts Recovery Tribunal No.-II, Mumbai. There is a delay of 25 days in filing this appeal. The reasons stated in the application are that the Appellants being laymen could not take immediate steps in respect of filing the appeal before this Tribunal and they had to approach a couple of advocates to get advice in this matter.
- The application for condonation of delay is vehemently opposed by the Ld. Counsel appearing for the Respondent Bank stating that it is not sufficient and the Appellants being laymen and not being able to find an advocate or representation himself no
Issues for consideration
2 issues framed by the court
Whether the delay in filing the appeal should be condoned.
Whether the Appellants are entitled to an opportunity to contest the appeal on merits.
Parties & counsel
- appellant
M/s M. P. Enterprises & Ors.
- respondent
HDFC Bank Ltd.
Coram
Ashok Menon
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · February
- CNR
- 271090001832023
- Topic
- Banking and Recovery
All orders in this case
9 orders share this CNR
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