The DRAT, Mumbai, disposed of an appeal where the appellant was absent and failed to remove registry objections. Citing Rule 6(4), the appeal was declined for registration, presuming lack of interest.
The Miscellaneous Appeal (D) No.1145/2023 is declined for Registration.
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Debts Recovery Appellate Tribunal, Mumbai
Misc.Appeal (D) No.1145/2023
Ternate Hospitality Pvt Ltd & Anr Appellant
V/s.
The Authorised Officer, Piramal Capital &. Housing Finance Ltd
...Respondent
Misc.Appeal (D) No. 1145/2023 is listed in today’s board (15.05.2024) 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.
None present for the Appellant when matter is called.
Misc.Appeal (D) No.1145/2023 was filed on 10.07.2023 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 Misc. Appeal (D) No.1145/2023 is hereby declined for Registration.
15.05.2024
1 issue framed by the court
Whether a miscellaneous appeal should be registered when the appellant fails to comply with objections for removal of defects.
1 provisions across 1 enactments
Ternate Hospitality Pvt Ltd & Anr
The Authorised Officer, Piramal Capital &. Housing Finance Ltd
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
