The Debt Recovery Appellate Tribunal allowed an interim application by the respondent to set aside an ex-parte order, directing payment of costs and an ad-interim stay pending compliance.
Ex-parte order set aside on payment of ₹ 5,000/- to D.R. Bar Association; ad-interim stay granted until 20.04.2023.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 45/2023
In Appeal No. 219/2016
Between
Central Bank of I ndia …Appellant/s V/s. Shri Akash M. D e shmukh and Anr. … Respondent/s Mr Kushal Sawa n t, along with Mr Meghnath Navl a ni, Advocate for Appellant. Mr. Anirudha, i / b M/s. KLT Law Associates, A dvocate for the Respondent.
-: Order dated: 29/03/2023:-
The Respo n dents were said ex-parte. I.A. N o . 45/2023 is filed by the Responde n t for setting aside the ex-parte o rder. The reason stated for non-a p pearance is that there was some m iscommunication between the Cou n sel.
Heard bot h sides. The Ld. Counsel appearing for the Appellant vehemently opp o sed the application. I find that n o prejudice would be caused to the A ppellant by allowing the applicati o n. Hence, I.A. No. 45/2023 is allowed on the p a yment of cost ₹ 5,000/- to the D . R.T Bar Association for the purc h ase of books and periodicals, withi n a period of two weeks. Post on 20. 0 4.2023 for reporting compliance b efore Registrar. Ad-interim stay of the impugned order shall c o ntinue till then.
Sd/Chairperson
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Central Bank of India
Shri Akash M. Deshmukh and Anr.
Ashok Menon
As recorded by the court registry
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