Bank of Baroda v. M/s shivshakti enterprises
Case brief
What is this about?
The Registrar of DRAT Mumbai listed an appeal for compliance of defects. The appellant withdrew the appeal citing a settlement. The appeal was declined for registration as withdrawn, allowing the appellant to file afresh.
What did the court decide?
Misc. Appeal (Diary) No. 903/2023 is declined for registration as withdrawn with liberty to file afresh.
What the court decided
Debts Recovery Appellate Tribunal, Mumbai
Misc.Appeal (Diary) No.903/2023
Bank of Baroda Appellant
V/s.
M/s Shivshakti Enterprises & Ors
Respondents
Misc. Appeal (Diary) No.903/2023 is listed in today’s board (13.02.2024) before the Registrar at 02.30 PM for compliance/removal of defects. The said Board is displayed in Public Notice on the website of DRT/DRAT and also on the Notice Board of DRAT Mumbai.
Adv Radhika Agarwal present for the Appellant when the matter is called and has filed application for withdrawal on the grounds of settlement with liberty to file afresh as and when it may require.
Misc. Appeal (Diary) No. 903/2023 was filed on 08.06.2023 and certain objections were raised by the registry for compliance/removal of defects. Appellant failed to comply with/remove the defects till date and has now filed withdrawal application.
In view of above & under the provisions of Sub Rule (4) of Rule 6 of DRAT (Procedure) Rules, 1994 the Misc. Appeal (Diary) No.903/2023 is hereby declined for Registration as withdrawn with liberty to file afresh as and when it may require.
Issues for consideration
1 issue framed by the court
Whether the Misc. Appeal (Diary) No. 903/2023 should be registered in view of the withdrawal application filed by the appellant.
Parties & counsel
- appellant
Bank of Baroda
- respondent
M/s Shivshakti Enterprises & Ors
Coram
Registrar
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · February
- CNR
- 271090009032023
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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