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Bhanji s/o Bhoiraj Nisar versus Indian Bank — Civil Procedure and Limitation | DRAT (2023)

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DRAT
2023
Bhanji s/o Bhoiraj Nisar versus Indian BankBhanji s/o Bhoiraj Nisar v. Indian Bank

Allowed

Bhanji s/o Bhoiraj Nisar v. Indian Bank

DRAT6 Jan 2023MISC APPLICATION/61/2022

Case brief

AI extract

What is this about?

The Tribunal allowed the application for restoration of Appeal No. 14/2019, which was dismissed for default. The Appellant was required to pay ₹5000 to the D.R.T. Bar Association within one week; otherwise, the Appeal would stand dismissed. Postponed for hearing before the Registrar.

What did the court decide?

Application for restoration of Appeal No. 14/2019 allowed subject to payment of ₹5000 to D.R.T. Bar Association within one week, failing which appeal to be dismissed.

What the court decided

AI extract

Outcome

Application for restoration of Appeal No. 14/2019 allowed subject to payment of ₹5000 to D.R.T. Bar Association within one week, failing which appeal to be dismissed.

Issue for consideration

Whether an appeal application dismissed for default due to non-appearance can be restored when the appellant had paid the pre-deposit and had a valid reason for absence. +2 more

Detailed headnote1 paragraphs

An application for restoration of an appeal dismissed for default was allowed. The Appellant was directed to deposit ₹5000 with the D.R.T. Bar Association for books and periodicals within one week. Failure to comply resulted in the dismissal of the appeal. The matter was posted for further hearing.

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.

A

BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson

M.A. No. 61/2022 (Restoration)

In (Appeal No. 14/2019- Disposed of)

Between

Bhanji S/o Bhoiraj Nisar … Appellant/s V/s.

Indian Bank …Respondent/s

Mr Mandar Goswami along with Mr Habib Ansari, i/b Mr Pankaj P., Advocate for Appellant.

Mr Bhavesh Poojari, i/b M/s. MDP Partners, Advocate for Respondent.

-: Order dated: 06/01/2023:-

This is an application for restoration of Appeal No. 14/2019 which was dismissed for default for non-compliance. The Appeal was taken on filed after the Appellant had paid the pre-deposit amount in full, and thereafter, it is submitted that the Appellant could not appear and there was no representation, resulting in the dismissal of the Appeal.

The learned counsel appearing for the Appellant submits that the counsel who was appearing from Nagpur could not be present for the hearing of the Appeal and that no alternate arrangement could be made for someone else to make a representation.

It was also noticed that the amendment of the cause title pertaining to the first Respondent was also not carried out within time. The learned counsel appearing for the Respondent Bank has

1

vehemently opposed the application for restoration stating that it is only a ruse to get the matter protracted.

After having heard both sides, I am not inclined to shut the doors for the Appellant to contest the Appeal on merits. Considering the entire facts and circumstances in this case the application for restoration is allowed subject to payment of costs ₹ 5000/- to the D.R.T. Bar Association within a period of one week for the purchase of books and periodicals. Failing which the Appeal stands dismissed.

Post on 16.01.2023 for hearing before the Registrar.

Sd/Chairperson

psa-26

2

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether an appeal application dismissed for default due to non-appearance can be restored when the appellant had paid the pre-deposit and had a valid reason for absence.
2.
Whether the Appellant's explanation for non-appearance, coupled with the Bank's opposition regarding cause title amendment, warrants granting restoration.
3.
Whether the Appellant is required to deposit costs to the D.R.T. Bar Association as a condition for allowing the restoration of the appeal.

Parties & counsel

AI extract

appellant
Bhanji S/o Bhoiraj Nisar
respondent
Indian Bank

Coram

AI extract

Ashok Menon

Case details

As recorded by the court registry

Court: DRAT
Decided on: 6 Jan 2023 · January
Case no.: MISC APPLICATION/61/2022
CNR: 271090010782022
Topic: Civil Procedure and Limitation
Bench: Ashok Menon

All orders in this case

4 orders share this CNR

2 Dec 2022Order 1 · Ashok Menon
6 Dec 2022Order 2 · Ashok Menon
2 Jan 2023Order 3 · Ashok Menon
6 Jan 2023Order 4 — this page · Ashok Menon

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Cite this judgement

Bhanji s/o Bhoiraj Nisar v. Indian Bank, MISC APPLICATION/61/2022 (DRAT), decided on 6 January 2023.

The Debt Recovery Appellate Tribunals publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Ashok Menon

Parties & counsel