Allowed

Mr. Nabeel Ebrahim Abbas v. Punjab National Bank

DRAT13 Feb 2025IA/830/2024

Case brief

AI extract

What is this about?

The DRAT, Mumbai, allowed the appellant's application for condonation of delay and restoration of a misc. appeal. The court held that it possessed the jurisdiction to restore the appeal under the RDB Act and CPC after the appellant paid the outstanding pre-deposit, dismissing the respondent bank's opposition.

What did the court decide?

Condonation of delay in filing the application for restoration; restoration of the appeal at Diary No. 1378/2024 and associated interim orders.

Mr. Nabeel Ebrahim Abbas versus Punjab National Bank — Banking and Recovery | DRAT (2025)

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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson

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I.A. No.830/2024(CoD) In M.A. on Diary No. 2463/2024(Restoration)

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(Misc. Appeal on Diary No. 1378/2024-Disposed of)

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Between

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Nabeel Ibrahim Abbas & Ors. … Appellant/s V/s.

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Punjab National Bank & Ors. …Respondent/s

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Mr Rajesh Nagory along with Mr Aayush Kothari, Mr Archit Virmani and Mr Atul Gupta, i/b Optimus Legal, Advocate for Appellants.

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Ms Savita Nangare, Advocate for Respondent No. 1 Bank.

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Mr Tatsat Gor, Advocate for Respondents Nos. 3 & 4.

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-: Order dated: 13/02/2025:-

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I.A. No. 830 of 2024 is an application for condonation of delay in filing the Misc. Application at Diary No. 2463 of 2024 for restoration of the Appeal at Diary No. 1378 of 2024 which was disposed of for non-compliance of the payment of balance pre-deposit amount directed to be paid within the stipulated time. The order was selfworking and since the appellant did not comply with the order of making the pre-deposit within the stipulated time, the appeal was dismissed.

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The appellant has since deposited the entire balance pre-deposit and seeks to condone the delay in making the payment and request for the restoration of the appeal.

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The Ld. Counsel appearing for the respondent bank has very vehemently opposed this application stating that this Tribunal has no powers to restore this appeal which has been dismissed for noncompliance of the order to make the pre-deposit. I am not in agreement with the Ld. Counsel. This Tribunal had directed payment of a certain amount for entertaining this appeal within a stipulated time and directed that in case it is not paid within the time stipulated, the appeal shall stand dismissed.

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This Tribunal is not powerless to restore the appeal to file in case there is a payment made subsequently. Exercising the jurisdiction of this Tribunal under Sec. 19(25) of the Recovery of Debt & Bankruptcy Act, 1993 (“RDB Act”, for short) and also exercising jurisdiction under Sec. 148 of the Code of Civil Procedure.

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The application is allowed and the delay in applying to restore the appeal is condoned and the appeal shall be taken on file in case there are no other defects to be cured. The interim orders, if any shall also stand restored and continue till further orders.

¶18

List the matter before the Ld. Registrar on 24.02.2025.

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mks-25

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Mr. Nabeel Ebrahim Abbas v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

Mr. Nabeel Ebrahim Abbas v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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