bhavanben Shashikant Patel v. Indian Bank (Allahabad Bank)
Case brief
What is this about?
In Appeal (D) No. 759/2022, the appellant requested withdrawal citing a settlement. Despite defects not being resolved, the appellate tribunal declined registration under DRAT Rules, 1994, presuming lack of interest.
What did the court decide?
The appeal was declined for registration and dismissed as the appellant sought withdrawal.
What the court decided
A compact analysis
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.
Debts Recovery Appellate Tribunal. Mumbai
Appeal (D) No.759/2022
Bhavnaben Shashikant Patel &Anr Appellants
V/s.
Indian Bank (Allahabad Bank) Respondent
Appeal (D) No.759/2022 is listed in today’s board (08.05.2024) 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 Mumtaz Khan Present for the Appellants when matter is called and filed pursis. for withdrawal of the Appeal as the matter is settled between the parties
Appeal (D) No.759/2022 was filed on 22.08.2022 and certain objections were raised by the registry for compliance/removal of defects. However, despite sufficient opportunity, appellants failed to comply with/remove the defects till date.
Therefore, it is presumed that, the appellant is not interested in pursuing with the matter.
In view of Pursis filed for withdrawal & under the provisions of Sub Rule (4) of Rule 6 of DRAT (Procedure) Rules, 1994 the Appeal (D) No.759/2022 is hereby declined for Registration.
Issues for consideration
1 issue framed by the court
Whether an appeal should be registered when the appellant files a request for withdrawal due to settlement.
Parties & counsel
- appellant
Bhavnaben Shashikant Patel & Anr
- respondent
Indian Bank (Allahabad Bank)
Case details
As recorded by the court registry
All orders in this case
5 orders share this CNR
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