Common order in two appeals before the DRAT, Mumbai. The bench held that appeals against a deceased respondent stand abated as no steps were taken to implead their legal representative.
Appeals against deceased respondents abated; dismissed.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Appeal No. 152/2012
Between
K.B.C. Bank N.V …Appellant/s
V/s.
Minestone & Ors. …Respondent/s
Mr. Bidan & Ms. Rashmita, i/b M/s. M.V. Kini & Co., Advocate for Appellant.
Ms. Somya, i/b M/s. T.N. Tripathi & Co., Advocate for Respondent No. 4.
Mr Vivek Phadke, Advocate for Saraswat Co-operative Bank Ltd.
And
Appeal No. 191/2012
Between
The Saraswat Co.operative Bank Ltd. …Appellant/s V/s.
KBC Bank N.V. & Ors. …Respondent/s
Mr Vivek Vasant Phadke, Advocate for Appellant.
Ms Somya, i/b M/s. T.N. Tripathi & Co., Advocate for Respondent No. 4.
Mr. Bidan & Ms. Rashmita, i/b M/s. M.V. Kini & Co., Advocate for Respondent No. 1.
-: Common Order dated: 14/03/2023:-
Respondent No. 4 has been reported to be dead in both these appeals. No steps have been taken to implead the legal representative of the deceased Respondent and hence, the appeals against him stand
1
abated.
The Respondent No. 3 in appeal no. 152/2012 is the fourth Respondent in appeal No. 191/2022 is reported to be death and no steps have been taken so far hence, the appeals as against deceased Respondent stands abated.
Post on 08.06.2023 steps.
Sd/-
Chairperson
rm-14-15
2
1 issue framed by the court
Whether the appeals against the deceased respondent can proceed without impleading legal representative
K.B.C. Bank N.V.
Minestone & Ors.
The Saraswat Co.operative Bank Ltd.
KBC Bank N.V.
Ashok Menon
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
