State Bank of India v. Prakash Namdeo Jadhav
Case brief
What is this about?
The Registrar of DRAT Mumbai declined registration of Appeal Diary No. 512/2024 filed by the State Bank of India against Prakash Namdeo Jadhav. The appellant was absent despite notice and failed to remove objections, leading the court to presume lack of interest and apply Rule 6(4) of the DRAT (Procedure) Rules, 1994.
What did the court decide?
Diary No. 512/2024 is declined for registration under Rule 6(4) of DRAT (Procedure) Rules, 1994.
Debts Recovery Appellate Tribunal, Mumbai
Appeal Diary No. 512/2024
State Bank of India
Appellant
V/s.
Prakash Namdeo Jadhav Respondent
Diary No.512/2024 is listed on today’s board (02.01.2025) before the Ld. Registrar at 11.30 AM 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 twice.
This Diary No.512/2024 was filed on 14.03.2024 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 the above & under the provisions of Sub Rule (4) of Rule 6 of DRAT (Procedure) Rules, 1994 the Diary No.512/2024 is hereby declined for Registration.
Issues for consideration
1 issue framed by the court
Whether a diary of appeal can be registered when the appellant fails to comply with registry objections within a given time.
Parties & counsel
- appellant
State Bank of India
- respondent
Prakash Namdeo Jadhav
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · January
- CNR
- 271090005122024
- Topic
- Banking and Recovery
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