The Debt Recovery Appellate Tribunal allowed the respondent's interim application to set aside an ex parte order on payment of costs and ad-interim stay.
Application to set aside ex parte order allowed on payment of ₹5,000 cost; ad-interim stay of impugned order until 20/04/2023.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 45/2023
In Appeal No. 219/2016
Between
Central Bank of I ndia …Appellant/s V/s. Shri Akash M. D e shmukh and Anr. … Respondent/s Mr Kushal Sawa n t, along with Mr Meghnath Navl a ni, Advocate for Appellant. Mr. Anirudha, i / b M/s. KLT Law Associates, A dvocate for the Respondent.
-: Order dated: 29/03/2023:-
The Respo n dents were said ex-parte. I.A. N o . 45/2023 is filed by the Responde n t for setting aside the ex-parte o rder. The reason stated for non-a p pearance is that there was some m iscommunication between the Cou n sel.
Heard bot h sides. The Ld. Counsel appearing for the Appellant vehemently opp o sed the application. I find that n o prejudice would be caused to the A ppellant by allowing the applicati o n. Hence, I.A. No. 45/2023 is allowed on the p a yment of cost ₹ 5,000/- to the D . R.T Bar Association for the purc h ase of books and periodicals, withi n a period of two weeks. Post on 20. 0 4.2023 for reporting compliance b efore Registrar. Ad-interim stay of the impugned order shall c o ntinue till then.
Sd/Chairperson
rm-16
1
1 issue framed by the court
Whether the respondents application to set aside the ex parte order should be allowed on payment of costs.
Central Bank of India
Shri Akash M. Deshmukh and Anr.
Ashok Menon
As recorded by the court registry
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