The tribunal recalled an order impleading the applicant as a legal representative lacking due notice and opportunity of hearing, dismissed the impleadment application, and abated the appeal against the deceased respondent.
Order of impleadment recalled and M.A. dismissed; amendment struck off; appeal against deceased respondent abated.
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. 1030/2015
In Appeal No. 50/2010
Between
Union Bank of India … Appellant/s V/s.
M/s Prime Infosoft Ltd. & Os …Respondent/s
Ms. Aparna D. Jagtap, Advocate for Appellant.
I.S. Thakur, i/b M/s. Global Juris Consults, Advocate for Respondent.
Mr Puneet Gogad, Advocate for Respondent No. 2(a).
-: Order dated: 11 /05/2023:-
This Misc. Application is filed by Respondent No. 2 (a) who was added as legal representative of deceased the 2nd Respondent vide order dated 16/09/2015 in M.A. No.648/2015. The amendment was also carried out in accordance with the order of this Tribunal.
1
and made enquiries regarding the appeal and the orders passed in the application for amendment.
2
not a legal representative of deceased Respondent No. 2. He is a total stranger and has no relationship whatsoever with the deceased second Respondent. It is, therefore, prayed that the order of impleadment passed in M.A. 648/2015 may be recalled and the Applicant’s name be removed from the array of parties. In the alternative, the Applicant may be granted an opportunity to contest M.A. 648/2015 on merits.
3
Respondent. Hence, M.A. No. 648/2015 should not have been allowed and was to be dismissed.
Resultantly, M.A. No. 1030/2015 is allowed and the order in M.A. No. 648 /2015 is recalled and the M.A. is dismissed.
The amendment carried out by impleading the Applicant as the sole legal representative of the deceased second Respondent is to be undone and the amendment carried out in consequence to order in M.A. No. 648/2015 shall be struck off. The appeal as against the deceased second Respondent stands abated. The Appeal shall be posted before the Registrar for carrying out the order on 29/05/2023.
Sd/Chairperson
mks- 1
4
3 issues framed by the court
Whether the order impleading the applicant as legal representative of the deceased respondent can be recalled for lack of notice and opportunity of hearing.
Whether the applicant has been properly impleaded as the legal representative of the deceased second respondent.
Whether the pending appeal stands abated due to the improper impleadment.
1 provisions across 1 enactments
Union Bank of India
M/s Prime Infosoft Ltd.
Mohd. Abubakar Wahid Khan
Ashok Menon
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
