The Tribunal disposed of the miscellaneous appeal by directing the DRT to consider an amendment application afresh, excluding a previous amendment allowing impleading of an auction purchaser.
Direction to DRT to consider IA No. 261/2022 afresh regarding amendment, excluding impleading of auction purchaser; disposal within two months.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Misc. Appeal No. 132/2023
Between
Mahesh Tannaya Kotiyan & Anr. … Appellant/s V/s. Punjab National Bank & Anr. …Respondent/s Mr. Mukesh D., Advocate for the Appellant. Ms. Savita N., i/b M/s. Law Focus, Advocate for Respondents. Mr. Manmohan Rao, Advocate for Auction Purchaser.
-: Order dated: 20/11/2023:-
The Misc. Appeal has been taken on file. The Ld. Counsel appearing for the parties agree on the fact that without entering into the merits of the amendment sought, I.A. No. 261/2022 on the files of the Debts Recovery Tribunal-I, Mumbai(D.R.T.) can be restored to file to the extent of considering the amendment sought other than the amendment pertaining to the impleading of the auction purchaser which has been allowed.
Hence, the Misc. Appeal is disposed of with a direction to the D.R.T to consider I.A. No. 261/2022 afresh to the extent of an amendment sought apart from the amendment of impleading the party which has been allowed.
The other pending I.As before the D.R.T. shall also be considered and disposed of expeditiously.
Since it is an old matter, the applications shall be disposed of as expeditiously as possible at any rate within a period of two months of receipt of a copy of this order.
Chairperson
rm-10
1
1 issue framed by the court
Whether the impugned order in the miscellaneous appeal should be disposed of by restating the appeal for consideration of an amendment to the application.
Mahesh Tannaya Kotiyan & Anr.
Punjab National Bank & Anr.
Ashok Menon
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
