M/S Maihar Enterprises and Another v. Hdfc Bank
Case brief
What is this about?
Appeal dismissed for being barred by time despite the limitation ground being insufficient. The appellant was allowed to approach the Tribunal below for redressal.
What did the court decide?
The appeal is dismissed as barred by time. Liberty granted to apply to the Tribunal for redressal.
What the court decided
Appeal Dy. No. 1098/2023 Date: 19.04.2024
M/s Maihar Enterprises & Anr. Vs. HDFC Bank
Present: Shri V. K. Shukla, counsel for the appellants,
Heard the learned counsel for the appellants.
The present appeal has been filed under section 20 of the RDB Act against the interim order dated 30.11.2022 passed by the Tribunal below in O.A. No. 463/2021, by which the right of the defendant to file written statement has been declined. The present appeal is also filed beyond the period of limitation.
The ground taken for limitation is not sufficient. Accordingly, the present appeal is dismissed being barred by time. However, the appellant is at liberty to move an appropriate application before the Tribunal below for redressal of his grievance, if so desired.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether the limitation bar in an appeal under section 20 of the RDB Act is sufficient to dismiss the appeal despite insufficient grounds taken.
Whether the decision should be dismissed as barred by time or if a remedy should be suggested.
Parties & counsel
- appellant
M/s Maihar Enterprises & Anr.
- respondent
HDFC Bank
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
6 orders share this CNR
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