Kesavarapu Shanmukeswara Rao v. Union Bank of India
Case brief
What is this about?
Application to recall an order dismissing an appeal on default and restoring the appeal. Court directed completion of service on remaining respondents and postponed matter for affidavit filing.
What did the court decide?
Directed completion of service on Respondents No. 2 and 3 and filing of affidavit of service; matter posted on 06/06/2023.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Misc. Appliaction Dy. No. 314 of 2023, Date 18/05/2023 (Arising out of Appeal No. 101 of 2022)
Kesavarapu Shanmukheswara Rao -------- Applicant
Versus
Union Bank of India & 2 Ors. ------- Respondent
Received an Application through online on 05/05/2023 being Misc. Application Dy. No. 314 of 2023 filed by Ld. Advocate Mr. Sanjib Das on behalf of Kesavarapu Shanmukheswara Rao with a request to recall the order dated 13/04/2023 passed by Hon’ble Chairperson in Appeal No. 101 of 2022 and restore the instant appeal in its original. Hard copy of the same is received on 18/05/2023.
Application fee of Rs.250/- vide Transaction Ref. ID 0505230043253 dt. 05/05/2023 has been paid through online.
Vakalatnama is filed along with the application with fee of Rs.5/- vide Transaction Ref. ID 0505230051507.
The application is within the period of limitation.
Affidavit of service is filed. Postal tracking reports are showing that out of three respondents, service has been confirmed upon Respondent No. 1 only. Vide order dated 13/04/2023 passed by Hon’ble Chairperson, Appeal. No. 101 of 2022 was dismissed on default.
Issues for consideration
2 issues framed by the court
Whether the applicant's request to recall the default dismissal order and restore the appeal should be granted.
Whether the applicant has completed service of summons on all respondents.
Parties & counsel
- applicant
Kesavarapu Shanmukheswara Rao
- respondent
Union Bank of India
- respondent
Respondent No. 2
- respondent
Respondent No. 3
Case details
As recorded by the court registry
All orders in this case
5 orders share this CNR
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