The DRAT Mumbai declined to register Misc. Appeal (D) No. 1702/2023 on the grounds that the appellant failed to comply with registry objections regarding defects and was absent when listed.
Misc. Appeal (D) No. 1702/2023 is declined for registration.
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Debts Recovery Appellate Tribunal, Mumbai
Misc.Appeal (D) No. 1702/2023
Neil Extrulamipack Ltd & Ors
Appellants
V/s.
Central Bank of India & Ors
Respondents
Misc.Appeal (D) No.1702/2023 is listed in today’s board (10.04.2024) 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.
None present for the Appellant when matter is called.
Misc.Appeal (D) No.1702/2023 was filed on 18.09.23 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 Misc. Appeal (D) No.1702/2023 is hereby declined for Registration.
10.04.2024
3
R< istrar
2 issues framed by the court
Whether an appeal filed with defects can be registered when the appellant fails to comply with registry objections after sufficient opportunitys.
Whether an appeal can be declined for registration under the assumption of lack of interest if the appellant is absent and fails to cure defects.
1 provisions across 1 enactments
Neil Extrulamipack Ltd & Ors
Central Bank of India & Ors
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
