The Debts Recovery Appellate Tribunal dismissed an appeal of 2004 for default due to continuous absence of the appellant's counsel. The order directed that the appeal may be restored only on terms after payment of cost Rs. 20,000/-.
Appeal dismissed for default; restoration possible on payment of Rs. 20,000/- within two weeks.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
M.A. No. 62/2022
In
Appeal No. 106/2004(Disposed of )
Between
M/s. K.K. Traders. … Appellant/s V/s. ARCIL …Respondent/s
Mr. D.R. Talankar, Advocate for Appellant.
-: Order dated: 16/02/2023:-
This is an appeal of the year 2004 filed by the Appellant challenging the order of D.R.T.-II, Mumbai in O.A. No. 35/2000 dated 21.11.2003. The Ld. Counsel for the Appellant was continuously absent, and therefore, directions were given on 06.06.2022 to the parties to get ready for the hearing on 05.07.2022. There was again no representation for the Appellant as a result of which the appeal was dismissed for default. The appeal is of the year 2004, and as stated earlier and it can be restored only on terms once the application is allowed on payment of cost ₹ 20,000/- to the D.R.T. Bar Association for the purchase of books and periodicals within a period of two weeks.
Post on 09.03.2023 before the Registrar for reporting compliance of payment of cost.
Sd/Chairperson
rm-23
1
2 issues framed by the court
Whether the appeal filed in 2004 which was dismissed for default can be restored upon payment of costs.
Whether the appellant is liable to pay ¢ 20,000/- to the D.R.T. Bar Association for restoration of the appeal.
M/s. K.K. Traders
ARCIL
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
