Short order allowing the appellant to proceed against original parties despite an application for substitution filed by the assignee.
Prayer for substitution allowed at the risk of the appellant; appeal to be heard after substitution application is permitted to lie in abeyance.
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. 373/2015
Between
M/s. M. Sushil & Co. & Ors. V/s.
The Royal Bank of Scotland N.V. & Ors.
… Appellant/s
…Respondent/s
AND
M.A. No. 76/2017 (Substitution)
In
Misc. Appeal 99/2012
Between
M/s. M. Sushil & Co., & Anr. … Appellant/s V/s.
The Royal Bank of Scotland N.V. & Ors. …Respondent/s Mr. V.N. Ajikumar, i/b M/s. VNA Legal, Advocate for Appellants. Ms. Kaylani W., i/b M/s. T.N. Tripathi & Co., Advocate for Respondent No. 6 & 7
-: Common Order dated: 13/06/2023:-
M.A. No. 76/2017 which is an application filed for substitution by the Applicant/Assignee.
The Ld. Counsel appearing for the Appellant submits that they are not interested in bringing the assignee on record and would proceed against the original parties on record.
At the risk of the Appellant, the prayer is allowed and the Appeal shall be heard.
M.A. No. 76/2017 shall be taken up along with the Appeal. Post on 28.07.2023 for hearing.
Sd/Chairperson
psa-17-18
1
M/s. M. Sushil & Co. & Ors.
The Royal Bank of Scotland N.V. & Ors.
Ashok Menon
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
