Jineshkumar Shah v. Bank of India
Case brief
What is this about?
At the stage of waiver of deposit, the Debt Recovery Appellate Tribunal refused the appellant's request to examine the belatedly filed bank account statement by a CA and grant time to file a reply.
What did the court decide?
Request for time to scrutinise the account statement via a CA and file a reply was denied.
What the court decided
A compact analysis
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. 574/2022 (WoD)
In Appeal on Diary No. 588/2022
Between
Jineshkumar Jayantilal Shah & Ors. … Appellant/s V/s. Bank of India & Ors. …Respondent/s
Mr Harjot Singh, i/b M/s. Raval-Shah & Co., Advocate for Appellant. Mr. Kushal Sawant, i/b M/s. M.V. Kini & Co, Advocate for Respondent No. 1 & 2.
Mr Bidan Chandran, along with Mr Mittal Parekh, Advocate for Respondent No. 4
-: Order dated: 04/01/2023:-
The statement of account was filed by the Respondent Bank and the Appellant wanted time to reply to that statement of account which was filed belatedly. Now the Ld. Counsel appearing for the Appellant wants the account to be examined by a Chartered Accountant and consequent to that filed a reply.
We are at the stage of waiver of deposit and therefore, the Appellant cannot be granted time to get the scrutiny of the account statement filed by the bank by a Chartered Accountant and no further time can be granted for that.
Issues for consideration
1 issue framed by the court
Whether the appellant can be granted time to get the scrutinisation of the account statement by a Chartered Accountant at the stage of waiver of deposit.
Parties & counsel
- appellant
Jineshkumar Jayantilal Shah & Ors.
- respondent
Bank of India & Ors.
Coram
Ashok Menon
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · January
- CNR
- 271090005882022
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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