Prakash M Rajgor v. South Indian Bank
Case brief
What is this about?
On Registrar's order dismissing appeal for failure to cure defects, the DRT allowed restoration of the chamber appeal subject to payment of costs and curing defects within one week on posting before the Registrar.
What did the court decide?
Appeal restored subject to payment of ₹5,000 costs to the DRT Bar Association and curing defects within one week on posting before the Registrar.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson Chamber Appeal No. 12/2024
In
(Appeal on Diary No. 381/2024-Disposed of)
Between
Prakash Rajgor & Ors. … Appellant/s V/s.
Authorized Officer, South Indian Bank. …Respondent/s Mr. Gaurang Kinkhabwala, i/b Ms. Kanjani Trivedi, Advocate for Appellants.
Ms. Hema Desai, Advocate for the Respondent.
-: Order dated: 21/08/2024:-
The matter is taken up for hearing by way of praecipe filed by appellants for seeking urgent relief.
- The Ld. Registrar vide order dated 07.08.2024 dismissed the appeal because the appellant failed to cure the defects which were pointed out. It is seen from the proceeding before the Registrar that the matter came up for clearing the defects initially on 11.03.2024 and thereafter it was adjourned several times and ultimately, it was dismissed on 07.08.2024.
Issues for consideration
2 issues framed by the court
Whether a chamber appeal barred by defects should be restored for hearing.
Whether conditions be imposed for restoration to ensure compliance.
Parties & counsel
- appellant
Prakash Rajgor & Ors.
- respondent
Authorized Officer, South Indian Bank
Case details
As recorded by the court registry
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