The bench dismissed a default appeal previously filed in 2016 and restored the current application under M.A. No. 809/2019 on condition that the appellant pays ₹10,000 to the Bar Association within one week.
The application for restoration is allowed subject to payment of ₹10,000 to the D.R.T., Bar Association Mumbai within one week.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
M.A. No. 809/2019 (Restoration)
In
(Appeal No. 280/2016- Disposed of)
Between
Cristopher Pereira V/s.
Punjab National Bank & Ors.
… Appellant/s
…Respondent/s
Mr. Sachin Kaikini, Advocate for Appellant.
-: Order dated: 11/05/2023:-
The Appeal was posted for hearing under the caption of dismissal on 25.09.2019. The Appellant did not appear and hence, the Appeal was dismissed for default.
The present application is filed for restoration of the Appeal. The Respondent Bank has not filed any objections to this application. The reason for the non-appearance has been explained.
I find that there is no reason to decline the prayer for the restoration of the Appeal. But since the Appeal is of the year 2016, the Appellant will have to put the terms.
Hence, the M.A. No. 809/2019 for restoration is allowed on condition to pay cost of ₹10,000/- to the D.R.T., Bar Association Mumbai for purchasing books and periodicals within the period of one week. Failing which, the application shall stand dismissed without any further reference to this Tribunal.
Post on 29.05.2023 before the Registrar for reporting compliance.
psa-03
1
2 issues framed by the court
Whether the appeal under M.A. No. 809/2019 should be restored after default.
Whether terms should be imposed for the restoration of the appeal filed in 2016.
Cristopher Pereira
Punjab National Bank
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
