In an application for restoration of an appeal dismissed for default, the Tribunal allowed restoration after pre-deposit was made but ordered no restoration of possession.
Restoration of the appeal allowed and possession not to be restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson M.A. No. 48/2024 (Restoration)
In
(Appeal on Diary 854/2024-Disposed of) Between
Snehal Traders & Anr. … Appellant/s
V/s.
The Chitnavispura Sahakari Bank Ltd.
…Respondent/s
Mr. Narendra Karamchandani, Advocate for Appellants. Mr. P.D. Khedikar, Advocate for Respondent appeared through a Video Conference.
-: Order dated: 20/06/2024:-
This is an application for restoration of the appeal which was dismissed for default of non-payment of pre-deposit within the stipulated time.
There shall be no restoration of possession.
Post on 05.07.2024 before Registrar.
Sd/Chairperson
rm-23
1
1 issue framed by the court
Whether the appeal can be restored on payment of pre-deposit when possession has already been taken.
Snehal Traders & Anr.
The Chitnavispura Sahakari Bank Ltd.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
