Ramakrishnaiah Muli v. State Bank of India
Case brief
What is this about?
The Registrar received a restoration application seeking recall of an impugned order declining registration of an appeal due to non-compliance. The application was noted as not within limitation, with a separate delay petition pending. The matter was listed for admission before the Chairperson.
What the court decided
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.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Misc. Appliaction Dy. No. 261 of 2023, Date 27/04/2023 (Arising out of Dy. No. 131 of 2020)
Ramakrishnaiah Muli -------- Applicant
Versus
State Bank of India & Ors. ------- Respondent
Received a Restoration Application through online on 17/04/2023 being Misc. Application Dy. No. 261 of 2023 filed by Ld. Advocate Md. Dilawar Khan on behalf of Ramakrishnaiah Muli with a request to recall of the order dated 24/08/2022 passed by Ld. Registrar, DRAT, Kolkata in Dy. No. 131 of 2020. Hard copy of the same is received on 27/04/2023.
Application fee of Rs.250/- vide Transaction Ref. ID 1704230018821 dt. 17/04/2023 has been paid through online.
The application is not within the period of limitation. Delay petition being I.A. No. 182 of 2023 filed online on 26/04/2023 with application fee of Rs.250/vide Transaction Ref. ID 2604230041538 dt. 26/04/2023.Hard copy of the same is received on 27/04/2023.
Affidavit of service is filed. Hand Service has been done upon Ld. Advocate Mr. Pankaj Kumar Mukherjee on behalf of Respondent No. 1 & 2 for Respondent Bank and postal service has been made upon remaining Respondent No. 3. Postal tracking report is showing that service upon Respondent No. 3 is confirmed.
Issues for consideration
1 issue framed by the court
Whether the restoration application is maintainable despite delay?
Parties & counsel
- applicant
Ramakrishnaiah Muli
- respondent
State Bank of India
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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