The DrAT allowed the appellant's application to restore the dismissed 2018 appeal and condone delay, noting insufficient reasons due to the appellant's professional status. A cost of ₹25,000 is imposed.
Condonation of delay and restoration of appeal allowed subject to payment of ₹25,000 to the DRT Bar Association.
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
I.A. No.28/2025(CoD) In M.A. on Diary No. 2327/2024(Restoration)
In
(Appeal No. 21/2018-Disposed of)
Between
Indiabulls Housing Finance Ltd. … Appellant/s
V/s.
Rajesh N. Mewawala & Ors. …Respondent/s
Ms Pranjali Khemnar along with Ms Shreya Gupte, i/b M/s Hedgehog & Fox LLP, Advocate for Appellant.
The matter is taken up for hearing by way of a praecipe filed by the appellant for seeking urgent relief.
The appeal was dismissed for non-appearance of the appellant and its counsel. Now this application is filed at Diary No. 2327 of 2024 for restoration of the appeal together with I.A. No. 28 of 2025 for condonation of delay.
1
restoration are not readily acceptable. However, an opportunity is to be granted to the appellant for contesting the matters on merits. The appeal is of the year 2018. Hence, the applications for condonation of delay and restoration are allowed subject to the payment of a cost of ₹25000/- to the DRT Bar Association, Mumbai within two weeks for the purchase of books and periodicals.
List the matter before the Ld. Registrar on 28.02.2025.
Sd/Chairperson
mks-28
2
3 issues framed by the court
Whether to condone the delay and restore the dismissed appeal.
Whether to accept the reason for delay despite the appellant being a financial institution.
Whether to allow the summary of facts and law for which this order is final.
Indiabulls Housing Finance Ltd.
Rajesh N. Mewawala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
