The Debits Recovery Appellate Tribunal allowed an interim application for condonation of delay in bringing legal representatives on record and setting aside abatement, ordering the appellant to pay higher costs as a condition.
Application allowed on payment of ₹10,000/- to DRT Bar Association within two weeks; otherwise dismissed.
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. 663/2022(CoD) In Appeal No. 148/2009
Between
Dinesh Jayantilal Choksi … Appellant/s V/s.
Bank of Baroda …Respondent/s Mr Herbert A. Noronha, Advocate for Appellant.
Mr Nilesh Bamne, i/b M/s. A.R. Bamne & Co., Advocate for Respondent Bank.
-: Order dated: 01/03/2023:-
I.A. No. 663/2022 is an application for condonation of delay in filing the application for bringing on record the legal representatives of the deceased Appellant and also for setting aside abatement. There is a delay of 341 days in filing these applications.
1
the delay are not at all sufficient.
Considering the entire facts and circumstances in this case, I find that there was only one Appellant and therefore, the legal representatives may not have volunteered to appear and get themselves impleaded. For that reason, there was a delay and that appears to be a sufficient cause but considering the long delay, I am of the opinion that the application can be allowed only by putting the Applicants to terms. Therefore, the application is allowed on the payment of the cost of ₹10,000/- to the DRT Bar Association Mumbai for the purchase of books and periodicals within a period of two weeks, failing which, the application shall stand dismissed. Post on 17.03.2013 before the Registrar for reporting compliance.
Sd/-
Chairperson
mks-16
2
2 issues framed by the court
Whether the delay in filing the application for bringing on record the legal representatives of the deceased appellant and for setting aside abatement amounts to sufficient cause for condonation of de
Whether the appellant can be put to terms for the long delay in filing the said application.
2 provisions across 2 enactments
Dinesh Jayantilal Choksi
Bank of Baroda
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
