The DRAT, Mumbai, declined to register Misc. Appeal (D) No. 4/2023 as the appellant failed to remove defects raised by the registry despite sufficient opportunities. The court presumed the appellant was not interested in pursuing the matter.
The miscellaneous appeal was declined for registration.
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Debts Recovery Appellate Tribunal, Mumbai
Misc.Appeal (D) No. 4/2023
Gopinath Fashion & Anr
Appellant
V/s.
Authorised Officer, Canara Bank
...Respondent
Misc. Appeal (D) No.4/2023 is listed in today’s board (23.04.2024) 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. Sachin Kaikini present for Appellant.
Adv. Vaishali Bhilare present for Respondent
Misc. Appeal (D) No.4/2023 was filed on 03.01.2023 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.
Therefore, it is presumed that, the appellant is not interested in pursuing with the matter.
In view of above & under the provisions of Sub Rule (4) of Rule 6 of DRAT (Procedure) Rules, 1994 the Mis.c. Appeal (D) No.4/2023 is hereby declined for Registration.
23.04.2024
Registrar (1/C)
1 issue framed by the court
Whether a miscellaneous appeal should be registered when the appellant failed to remove registry objections within the given time.
1 provisions across 1 enactments
Gopinath Fashion & Anr
Authorised Officer, Canara Bank
As recorded by the court registry
14 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
