Yerram Venkata Ramana v. Karur Vysya Bank
Case brief
What is this about?
The Court rectified a Registry error that led to the premature dismissal of an appeal. The order recalled the dismissal order and restored the appeal to the record for further hearing.
What did the court decide?
The order dated 22nd November, 2022 dissolving the appeal was recalled, the appeal restored, and the matter listed for further hearing.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Dy. No. 682 of 2022)
(Arising out of S.A. No. 12 of 2019 in DRT Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
06.02.2023 Yerram Venkata Ramana … Appellant -VsKarur Vysya Bank & 3 ors ….Respondents Mr. M. Narasimha Rao, Learned Counsel for the Appellant Ms. Sweta Gandhi, Mr. A.K. Gandhi, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Admission
Heard the Learned Counsel for the parties and perused the record. It appears to be blatant mistake on the part of the Registry. The matter was listed on 24th November, 2022 vide order dated 15th September, 2022. It appears that this matter was listed on 22nd November, 2022 which should not have been done. Since 22nd November was not the date fixed, hence Learned Counsel for the Appellant did not appear on that date and the Appeal was dismissed on that date. It is a mistake on the part of the Registry which has to be rectified. Accordingly, Miscellaneous Application Dy. No. 682 of 2022 is allowed and order dated 22nd November,
Issues for consideration
1 issue framed by the court
Whether the dismissal of the appeal due to a Registry scheduling mistake should be rectified.
Parties & counsel
- appellant
Yerram Venkata Ramana
- respondent
Karur Vysya Bank
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · February
- CNR
- 191090006822022
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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