Bank of Maharashtra v. M/s.Janki Impex Private Limited
Case brief
What is this about?
The Tribunal allowed the appellant bank's application for condonation of a 146-day delay in filing an application to restore a default-dismissed appeal, citing intervening circumstances and lack of counsel communication, subject to payment of costs.
What did the court decide?
Condonation of 146 days delay in filing MA(D) No. 285 of 2023, subject to payment of costs to the D.R.T. Bar Association and the respondent within two weeks.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson
I.A. No. 191/2023 (CoD)
In M.A. on Diary No. 285/2023 (Restoration) In {M.A. No. 10/2021 (Restoration)-Disposed of}
In (Appeal No. 199/2015-Disposed of)
Between
Bank of Maharashtra … Appellant/s V/s. M/s Janki Impex Pvt. Ltd. …Respondent/s
Mr Rishabh Shah, i/b Mrs. M.R. Patel, Advocate for Appellant. Mr Gajendra A. Rajput, Advocate for Respondent.
Order dated: 02/02/2024:-
This is an application filed by the Bank of Maharashtra, the Appellant in Appeal No. 199 of 2015 for condonation of delay of 146 days in filing MA(D) No. 285 of 2023 for the restoration of MA No. 10 of 2021 which was dismissed for default on 29/08/2022. The said MA No. 10 of 2021 was filed for restoration of Appeal No. 199 of 2015 which too was dismissed for default on 10/01/2018.
- The Appellant states that the counsel appearing for it had not informed regarding the status of the appeal. The counsel failed to appear before this Tribunal as a result of which the appeal was dismissed for default on 10/01/2018. Thereafter, MA No. 10 of 2021 was filed for restoration of the appeal. On getting no response from the counsel appearing for the appellant, the officer of the bank
Issues for consideration
2 issues framed by the court
Whether a delay of 146 days in filing an application for restoration of an appeal dismissed for default can be condoned notwithstanding the negligence involved.
Whether the reasons for custody of the case file by counsel despite multiple emails from the bank constitute sufficient cause for condoning delay.
Parties & counsel
- appellant
Bank of Maharashtra
- respondent
M/s Janki Impex Pvt. Ltd.
Coram
Ashok Menon
Case details
As recorded by the court registry
All orders in this case
5 orders share this CNR
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