Bombay Mecantile Co-Op Bank Ltd. v. Gajanan Mahadevrao Gulhane
Case brief
What is this about?
The DRAT Registrar recorded the absence of the appellant despite the matter being listed for compliance. Observing that the appellant failed to remove defects and was presumed uninterested, the appeal was declined for registration under DRAT Rules.
What did the court decide?
Misc. Appeal (D) No. 1426/2023 is declined for registration.
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 *****
Misc.Appeal (D) No.1426/2023
Bombay Mercantile Co-op Bank Ltd & Anr y/s.
....Appellant
Gajanan Mahadevrao Gulhane
...Respondent
Misc.Appeal (D) No.1426/2023 is listed in today’s board (12.11.2024) 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 pn the Notice Board of DRAT Mumbai.
Adv Somya present for the Appellant when the matter was called out and submit that the matter turned infructuous and request to dispose the matter.
Misc.Appeal (D) No. 1426/2023 was filed on 21/08/2023 and certain objections were raised by the registry for compliance/removal of defects. However, despite sufficient opportunity, appellant failed to comply with/remove the defects till date. i
Therefore, it is presumed that, the appellant is not interested in pursuing with the matter.
In view of above & under the provisions of Sub Rule (4) of Rule 6 of DRAT (Procedure) Rules, 1994 the Misc.Appeal (D) No. 1426/2023 is‘hereby declined for Registration.
Issues for consideration
1 issue framed by the court
Whether a miscellaneous appeal should be registered when the appellant failed to remove registry defects despite sufficient opportunities.
Parties & counsel
- appellant
Bombay Mercantile Co-op Bank Ltd & Anr
- respondent
Gajanan Mahadevrao Gulhane
Coram
Registrar (l/C)
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 · Nishad Fazil F
- Order 2 — this page · Nishad Fazil F
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