The Tribunal allowed an Application for Condonation of Delay to bring legal representatives on record and set aside abatement of appeal upon payment of ₹10,000/- cost to the DRT Bar Association within two weeks.
Application allowed upon payment of cost of Rs. 10,000/- to DRT Bar Association Mumbai within two weeks.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 663/2022(CoD) In Appeal No. 148/2009
Between
Dinesh Jayantilal Choksi … Appellant/s V/s.
Bank of Baroda …Respondent/s Mr Herbert A. Noronha, Advocate for Appellant.
Mr Nilesh Bamne, i/b M/s. A.R. Bamne & Co., Advocate for Respondent Bank.
-: Order dated: 01/03/2023:-
I.A. No. 663/2022 is an application for condonation of delay in filing the application for bringing on record the legal representatives of the deceased Appellant and also for setting aside abatement. There is a delay of 341 days in filing these applications.
1
the delay are not at all sufficient.
Considering the entire facts and circumstances in this case, I find that there was only one Appellant and therefore, the legal representatives may not have volunteered to appear and get themselves impleaded. For that reason, there was a delay and that appears to be a sufficient cause but considering the long delay, I am of the opinion that the application can be allowed only by putting the Applicants to terms. Therefore, the application is allowed on the payment of the cost of ₹10,000/- to the DRT Bar Association Mumbai for the purchase of books and periodicals within a period of two weeks, failing which, the application shall stand dismissed. Post on 17.03.2013 before the Registrar for reporting compliance.
Sd/-
Chairperson
mks-16
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1 issue framed by the court
Whether the delay of 341 days in filing the application to bring legal representatives on record and to set aside abatement constitutes a sufficient cause for condonation.
Ashok Menon
As recorded by the court registry
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