Apex India Company and Another v. Indian Bank
Case brief
What is this about?
The Tribunal held that while the appellants and surety had deposited the pre-deposit, the application for condonation of delay had defective filing requirements and was not taken on file. The court directed the appellants to cure such defects before posting the matter.
What did the court decide?
Direction to cure defects in the application for condonation of delay to enable posting before the Bench.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 25/2023 (WoD)
In
Appeal on Diary No. 1436/2022
Between
Apex India Company & Anr. … Appellant/s V/s.
Indian Bank & Anr. …Respondent/s
Ms Durga Soni, i/b M/s. RAD Law Associates, Advocate for Appellants.
P. D. Patil, i/b M/s. Pradip Shukla & Co., Advocate for Respondent No. 1
Ms Prajakta Sakpal, Advocate for Auction Purchaser.
-: Order dated: 01/05/2023:-
The Appellants have complied with the direction of the Tribunal to deposit the third instalment of pre-deposit.
There is also a delay in filing the appeal and an application for filing condonation of delay has been filed by the Appellants which has not been taken on file because of the defects pointed out by the office.
Issues for consideration
1 issue framed by the court
Whether the defects pointed out by the office in the application for condonation of delay can be cured to allow posting before the Bench.
Parties & counsel
- appellant
Apex India Company & Anr.
- respondent
Indian Bank & Anr.
Coram
Ashok Menon
Case details
As recorded by the court registry
All orders in this case
5 orders share this CNR
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