State Bank of India and Ors. v. Raj International Ltd. and Ors.
Case brief
What is this about?
The Chief Justice allowed an interim application to set aside an ex-parte order passed against the respondent bank, mandating payment of costs and reporting compliance.
What did the court decide?
Allowed the application for setting aside ex parte order on payment of costs ₹ 5000/- to D.R.T. and reporting compliance.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No. 239/2023 In Misc. Appeal No. 64/2017
Between
Raj International Ltd. & Ors. V/s.
State Bank of India & Ors.
… Appellant/s
…Respondent/s
Mr. Raju Shinde, Advocate for Appellants.
Ms. Shivani Paranjpe, i/b D.S. Paranjpe, Advocate for Respondent No.1
I.A. No. 239/2023 is an application for setting aside an exparte order passed against the 1st Respondent Bank on 23.09.2022. The Respondent has explained why there was no representation on that date. Although it is not entirely acceptable, I find that an opportunity has to be given to the Respondent to contest the matter on merits.
The application for setting aside ex-parte is allowed on payment of costs ₹ 5000/- to the D.R.T., Bar Association Mumbai for purchasing books and periodicals within a period of one week. Failing which, the application shall stand dismissed without any reference to this Tribunal.
Issues for consideration
2 issues framed by the court
Whether an ex-parte order should be set aside to allow the respondent bank an opportunity to contest the matter on merits.
Whether compliance with the unconditional allowance of the application is mandatory.
Parties & counsel
- appellant
Raj International Ltd.
- respondent
State Bank of India
Coram
Ashok Menon
Case details
As recorded by the court registry
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