Allowed

Mr Vipul Kanubhai Gadhesariya and Anr. v. the Authorized Officer Icici Bank

DRAT6 Aug 2025CA/8/2025

Case brief

AI extract

What is this about?

The Debt Recovery Appellate Tribunal allowed a Chamber Appeal against the Registrar's refusal to register an appeal due to compliance defects, conditional upon payment of costs and a subsequent hearing to verify compliance.

What did the court decide?

Chamber Appeal allowed on condition of payment of costs Rs. 10,000 to Respondent Bank within two weeks and subsequent reporting of compliance.

Mr Vipul Kanubhai Gadhesariya and Anr. versus the Authorized… — Company and Corporate | DRAT (2025)

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DEBT RECOVERY APPELLATE TR1BUNAL-MUMBAI (SITTING AT -CHENNAI)

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Chamber Appeal No. 08/2025 In (Misc. Appeal Dy No. 777/2025-Declined)

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Dated: 06.08.2025

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The matter is taken up for hearing by way of a Praecipe filed by the Appellants for seeking urgent relief.

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This Chamber Appeal is filed against the order of Learned Registrar, DRAT, Mumbai dated 25.07.2025 declining to register, • for failing to comply with removal of office objections /defects.

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Learned Counsel for Appellants submitted that if the Appellants are given an opportunity, the office objections will be complied with. The Appellants have a good case on merits and prays for allowing the Chamber Appeal.

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Learned Counsel for Respondent Bank opposes this Appeal on the ground that this Tribunal on 26.06.2025, directed the Appellants to remove office objections within the period of two weeks, failing which, the Registrar, DRAT, Mumbai, was directed to pass an appropriate order. Even thereafter, the office objections were not removed,, despite extension of time granted by Registrar, DRAT, Mumbai.

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It is seen that the conduct of Appellants in not removing the office objections despite the direction of this Tribunal and time extended by the Learned Registrar, DRAT, Mumbai, shows their lackadaisical attitude in prosecuting'the order.

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However, in view of the submission made by Learned Counsel for Appellants that if an opportunity is given to Appellants, Appellants would remove the office objections and

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prosecute the -Appeal on merits, this Tribunal • allows this Chamber Appeal on condition of payment Of costs of .Rs.10,000/by the Appellants to the Respondent Bank within the period of two weeks from today ,i.e. on or before 20.08.2025., List the case for 26.08.2025, for reporting compliafice.

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It is made clear that in case of non-payment of costs by 20.08.2025, the Chamber Appeal will be dismissed,

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CHAIRPERS^^RAT, CHENNAI (IN-CHARGE. DRAT. MUMBAI)

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PAM

Mr Vipul Kanubhai Gadhesariya and Anr. v. the Authorized Officer Icici Bank

Case brief

What is this about?

What did the court decide?

Mr Vipul Kanubhai Gadhesariya and Anr. v. the Authorized Officer Icici Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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