The Tribunal dismissed a miscellaneous application filed to set aside or treat as a review an earlier order that dismissed a restoration application. The court held the application was not maintainable and was devoid of merit.
M.A. No. 740/2022 is dismissed; any Misc. Application is dismissed as infructuous.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson M.A. on Diary No. 740/2022(Review) In
[M.A. No. 580/2019(Restoration)-Disposed of]
In
(Appeal No. 185/2011-Disposed of)
Between
M/s. Tirupati Development Corporation … Appellant/s V/s.
Jana Seva Sahakari Bank Ltd. & Ors. …Respondent/s Mr. Arun Rudkar, Appellant present in person.
Mr. Prashant Pandit, along with Mr. Jay Pandit, Advocate for the Respondent.
-: Order dated: 28/07/2023:-
This M.A. on Diary No. 740/2022 if filed by the Appellant to set aside the order of this Tribunal dated 28.06.2022 in M.A. No. 580/2019 to restore the appeal 185/2011 which was dismissed for default of non-prosecution on 03.07.2019. M.A. No. 580/2019 which was filed for the restoration of the appeal was heard and dismissed on 28.06.2022 by a reasoned order.
The Appellant is aggrieved and has filed this application for setting aside the order dismissing the application for restoration. Such an application is not possible to be entertained and the Respondent has filed a reply to this application challenging the
1
maintainability of such application.
Even if this application needs to be considered as a review of the order passed by this Tribunal, a review can only be on an error apparent on the face of the record. A rehearing of the application on its merits is not contemplated and the Appellant should look for other remedies available.
Under the circumstances if find that the application is not maintainable and requires to be dismissed. The M.A. on Diary No. 740/2022 is dismissed.
Misc. Application, if any, is dismissed as infructous.
Sd/Chairperson
rm-23
2
1 issue framed by the court
Whether an appeal for set aside of an order dismissing a review application is maintainable.
M/s. Tirupati Development Corporation
Jana Seva Sahakari Bank Ltd. & Ors.
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
