Janakbhai Lavjibhai Lakhani v. Indian Bank
Case brief
What is this about?
Registrar declined registration of an appeal filed in DRAT Mumbai due to non-compliance with procedural defects despite opportunities, accepting pursis for withdrawal as a result of settlement between parties, and presumed lack of interest in pursuing the matter under DRAT rules.
What did the court decide?
Appeal declined for registration.
What the court decided
Debts Recovery Appellate Tribunal, Mumbai
*** :**
Appeal (D) No.713/2022
Janakbhai Lavjibhai Lakhani
Appellant
V/s.
Indian Bank (Allahabad Bank)
Respondent
Appeal (D) No.713/2022 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 Appellant when matter is called and filed pursis. for withdrawal of the Appeal as the matter is settled between the parties
Appeal (D) No.713/2022 was filed on 08.08.2022 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.
Issues for consideration
1 issue framed by the court
Whether to allow withdrawal of appeal or decline registration due to non-removal of defects.
Parties & counsel
- appellant
Janakbhai Lavjibhai Lakhani
- respondent
Indian Bank (Allahabad Bank)
Coram
Registrar (1/C)
Case details
As recorded by the court registry
All orders in this case
6 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court