Application for restoration of an appeal dismissed by the Tribunal was filed with a delay of 260 days. The condonation of delay was allowed on payment of costs. The appeal was restored to the file, and hearing was scheduled.
The appeal No. 22/2018 is restored to the file for hearing.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson M.A. No. 60/2023(Restoration)
Between
Mr. Anant Subrya Bhat & Ors. … Appellant/s V/s. Phoenix ARC Pvt. Ltd. &Ors. …Respondent/s
Mr. Vinod Joshi, Advocate for Appellaants.
Ms. Dimple Tejani, i/b M/s. M & S Legal, Advocate for the Respondent No. 1.
Ms. Nilima Sarvagod, i/b Mr. Omkar Warange, Advocate for Respondent No. 2 & 3.
The matter is taken up for hearing by way of a Praecipe filed by the Appellant for seeking urgent relief.
The appeal was dismissed by this Tribunal vide order 04.07.2022. This is an application for restoration of the appeal. A Restoration application was filed with a delay of 260 days. Vide order dated 24.05.2023 in I.A. No. 261/2023 the application for condonation of delay was allowed on payment of cost ₹ 10,000/-. The cost has been paid and the application for restoration is taken on file.
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Bombay and obtained an interlocutory order in their favour to stall the further action of taking over possession of the property and there was an order of status quo maintained till the dismissal of the appeal.
Post on 12.09.2023 for hearing.
Sd/Chairperson
rm-6
2
Mr. Anant Subrya Bhat
Phoenix ARC Pvt. Ltd.
Ashok Menon
As recorded by the court registry
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