Ram Prasad Traders v. Hdfc Bank
Case brief
What is this about?
Appellant filed an appeal under the RDB Act against an interim DRT order. The core contention is that the lower Tribunal ignored the appellant's submission that proper plaint copies were not served, despite an application being filed addressing this defect.
What did the court decide?
Issued notice to respondents; granted directions for service and filing of affidavits; listed for further proceedings.
What the court decided
Appeal Dy. No. 747/2023 Date: 20.07.2023
Ram Prasad Traders Vs. HDFC Bank
Present: Shri Sandeep Arora, counsel for the appellant,
Heard the learned counsel for the appellant.
The present appeal has been filed under section 20 of the RDB Act, 1993 against the interim order dated 11.04.2023 passed by the DRT, Allahabad in O.A. No. 1094/2022, whereby the Tribunal below has observed that the copy of O.A. was duly served on them. The learned counsel further submits that the appellant had filed an application along with envelop, by which the loose copies of the O.A. were received, stating therein that the proper copy was not served, therefore, the application was filed, but the order impugned has been passed without considering the same.
Issue notice to the respondents by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.
List this case on 15.11.2023 for service.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Whether the impugned order was passed without considering the appellant's application regarding improper service of plaint copies?
Parties & counsel
- appellant
Ram Prasad Traders
- respondent
HDFC Bank
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 091090007472023
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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