Kotak Mahindra Bank and Ors. v. Deccan Chronicles Holdings Ltd.
Case brief
What is this about?
The Tribunal adjourned the admission of an application for restoration of an appeal pending substitution of legal representatives for a deceased respondent, directing the appellant to amend the cause title and the respondent's counsel to provide new party details.
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.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Application Diary No. 655 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
18.10.2023
Authorised Officer, Kotak Mahindra Bank Limited & Another … Appellants -VsDeccan Chronicle Holdings Limited & 2 Others … Respondents
Mr. Jayabrata Basu Ray Learned Counsel for Appellants
Ms. Swarnali Dutta, Counsel for Respondent No.3
THE APPELLATE TRIBUNAL :
For Admission
Appellant has filed the instant application for restoration of Appeal No. 70 of 2016 and I.A. 385 of 2023 for condonation of delay in filing the appeal, under Section 5 of the Limitation Act.
Record shows that Respondent No. 3 died pending appeal whose legal representatives have not been substituted. Today Ms. Swarnali Dutta, Advocate, appears on behalf of Respondent No. 3 who has not filed any Vakalatnama for the legal representatives of Respondent No. 3. Even in the recall application, cause title is not properly mentioned.
Issues for consideration
1 issue framed by the court
Whether the appeal and recall application can be admitted for restoration after the death of a respondent without substitution of legal representatives.
Parties & counsel
- appellant
Authorised Officer, Kotak Mahindra Bank Limited
- respondent
Deccan Chronicle Holdings Limited
- respondent
Other Respondents
Coram
Case details
As recorded by the court registry
All orders in this case
5 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court