This order allowed the Appellant's application to amend the cause title, directing the office to accept the application. The court dispensed with notice to absent respondents as the application was held to be purely formal in nature.
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
M.A. No. 18/2023
In
(Inward No. 786/2019-Disposed Of)
In
Appeal No.34/2017
Between
Vijaya Bank … Appellant/s V/s.
M/s. Mansa Synthetics Pvt. Ltd & Ors. …Respondent/s Ms. Nalini Lodha, Advocate for Appellant.
-: Order dated: 15/06/2023:-
The Application filed for amendment of cause title pertaining to the Appellant is lying in defect raised by the office. The only objection raised by the office seems to be that notice has not been served on this application for amendment on Respondent Nos. 1 to 5.
The Ld. Counsel appearing for the Applicant submits that those Respondents are already ex-parte in the Appeal. after they were served by way of substituted service and publication. And therefore, notice to them may be dispensed with in this application which is only formal in nature, submits the Ld. Counsel.
The prayer is allowed and the office is directed to take the application on file if there are no other defects to be cured. Post on 27.06.2023 before Registrar.
Chairperson
rm-29
1
1 issue framed by the court
Whether notice is required to be served on ex-parte respondents for an application filed by the appellant to amend the cause title?
Vijaya Bank
M/s. Mansa Synthetics Pvt. Ltd
Ms. Nalini Lodha
Ashok Menon
As recorded by the court registry
14 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
