The Tribunal allowed a condonation of delay application seeking review of an order dismissing a motion abatement for restoration of appeal. The delay was condoned and the review application taken on file.
Condonation of delay of 5 days allowed; review application taken on file.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A.No.622/2022(CoD)
In
R.A. No.4/2017
Between
Vinod Liladhar Nemade … Appellant/s
V/s.
The Bhusaval Peoples Co-Op Bank Ltd. & Ors. …Respondent/s S. Babar, i/b Mr. C.J. Doveson, Advocate for Appellant. An Advocate for Respondents is present.
-: Order dated: 12/06/2023:-
The 1st Respondent has appeared and filed a reply, opposing the application for condonation of delay. The Appellant is in appeal challenging the order of the D.R.T., Aurangabad.
This is an application for review of the order of this Tribunal dated 10.01.2017 dismissing M.A. No. 846/2015 for restoration of the appeal. There is a delay of 5 days in filing the application and the Appellant seeks to condone the delay. Although the application is vehemently opposed and a reply filed by the 1st Respondent, I find that there is no reason to decline the prayer for condonation of delay.
The application is allowed and the delay is condoned.
The review application shall be taken on file if there are no other defects to be cured.
Post on 21.06.2023 before the Registrar.
rm-12
1
2 issues framed by the court
Whether the delay of 5 days in filing the review application for condonation should be excused.
Whether the review application regarding dismissal of the appeal restoration application is to be taken on file.
Vinod Liladhar Nemade
The Bhusaval Peoples Co-Op Bank Ltd.
Ashok Menon
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
