Registrar dismissed an appeal due to failure in producing cost payment receipt on time. Court observed receipt was produced and allowed restoration of the appeal to file to be taken on file.
Chamber appeal allowed. Appeal at Diary No. 227/2022 restored to file and taken on file.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
Chamber Appeal No. 01/2024 In
(Appeal on Diary No. 227/2022-Dispsoed of)
Between
Prahladbhai G Rawal & Ors.
… Appellant/s
V/s.
Kotak Mahindra Bank Ltd. & Ors. …Respondent/s
Mr. Rajan Patel, Advocate for Appellant appeared through a Video Conference.
Mr. Sachin Chandrana along with Mahek Naik, i/b M.K. Ambalal & Co., Advocate for Respondent.
-: Order dated: 14/03/2024:-
The Registrar had dismissed this appeal for the reason that the Appellants failed to comply with the order of this Tribunal to pay the cost as per the order dated 10.08.2023 within the stipulated time.
The Appellants have produced the receipt indicating that the cost was paid on time but the receipt could not be produced on time before the registry and this resulted in the appeal getting dismissed. I have perused the receipt evidencing payment of costs.
The Respondents have filed the reply to this Chamber Appeal but I find that the Chamber appeal has to be allowed and the Appeal at Diary No. 227/2022 shall be restored to file and shall be taken on file.
Post on 01.04.2024 before the Registrar.
psa-04
1
1 issue framed by the court
Whether an appeal dismissed due to non-production of cost payment receipt can be restored upon production of said receipt subsequently.
Prahladbhai G Rawal & Ors.
Kotak Mahindra Bank Ltd. & Ors.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
