The Tribunal allowed the application for setting aside ex-parte order against the Respondents on payment of ₹ 10,000/- as costs to the D.R.T. Bar Association within two weeks, noting the Respondents' failure to appear indicated laches.
Application to set aside ex-parte order allowed on payment of ₹ 10,000/- costs within two weeks.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 292/2023 In Appeal No. 81/2017
Between
Sajjankumar Soni. … Appellant/s V/s. GIC Housing Finance Ltd & Ors. …Respondent/s
GIC Housing Finance Ltd & Ors. …Respondent/s Mr. Minesh Shah, Advocate for Appellant. Mr. Sanjay Anabhawane, Advocate for the Respondent Nos. 1 and 2.
-: Order dated: 20/06/2023:-
The application for setting aside ex-parte filed by the Respondent Nos. 1 and 2 is opposed by the Ld. Counsel appearing for the Appellant.
Though notice was served on the Respondents, none appeared. They were set ex-parte. Hence, there is some laches on the part of the Respondents in failing to appear and contesting the matter.
Post on 04.07.2023 for compliance of cost before Registrar.
Sd/Chairperson
rm-16
1
2 issues framed by the court
Whether the application for setting aside ex-parte order against the Respondents should be allowed on payment of costs.
Whether the Respondents committed laches by failing to appear despite notice.
Sajjankumar Soni
GIC Housing Finance Ltd
Ors.
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
