The Tribunal set aside two interim orders allowing amendment of appeal memorandum and court fee payment, holding they were based on procedural irregularities and an attempt to mislead the Bench.
Orders in I.A. No. 1/2022 and I.A. 2/2022 set aside; amendment struck off; applications to be heard afresh.
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. 176/2011
Between
M/s Mahavir Metal Mart &Ors. … Appellant/s
V/s.
Indian Bank & Ors. …Respondent/s
Mr PrashantPandit, i/b Mr J. K. Patil, Advocate for the Appellants. Mr Nitin Nikam, Advocate for Respondent No. 1.
Mr Akbar Rizvi, i/b M/s. AKS Legal Consultants, Advocate for Respondent No. 2.
-: Order dated: 15/05/2023:-
The matter is taken up for hearing by way of a Praecipe filed by the Appellants seeking urgent relief.
1
vide order dated 17.11.2022 was reported to be carried out and an amended copy of the appeal memorandum was reported to be served on Respondent Nos. 1 and 2. Respondent Nos. 1 and 2 were therefore granted the liberty to file a further reply to the amended appeal memorandum within two weeks.
2
There was an attempt to mislead this Tribunal all along which is most unfortunate. Under the circumstances the order in I.A. No. 1/2022 and I.A. 2/2022 are set aside and suo-moto. Those applications shall be heard afresh. The office is directed to strike off the amendment carried out.
rm-8
Post on 03.07.2023 before the Registrar.
Sd/-
Chairperson
3
1 issue framed by the court
Whether the interim orders allowing amendment of the appeal memorandum and payment of court fees should be set aside due to procedural irregularities and an attempt to mislead the Tribunal.
M/s Mahavir Metal Mart &Ors.
Indian Bank
Ashok Menon
As recorded by the court registry
13 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
