Mr Nitin Vasant Modak v. Cholamandalam Investment and Finance Company Ltd.
Case brief
What is this about?
The Appeal Registry observed the appellant's non-appearance and failure to remove defects despite opportunities. Consequently, the Misc. Appeal proceeding for lack of earnestness was not registered under the relevant procedural rules.
What did the court decide?
Misc. Appeal D. No. 639/2026 declined for registration.
What the court decided
A compact analysis
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.
QebtsRegovery Appellate Tribunal. Mumbai
Misc. Appeal D. No.63912026
Nitin Vasant Modak
... ... .Appellant
-Vs-
Cholamandalam lnvestment& FinanceCo. Ltd.
Respondents
Misc. Appeat D. No. 639/2026is listed on today's board (1'1.05.2026) before the Ld. Registrar at 11.30 AMfor compliance/removalof defects.Thesaid Board is displayed in PublicNotice on the website of DRT/DRAT and alsoon the Notice Board of DRATMumbai.
None appeared for the Appellantwhen matter is calledout'
This Misc. Appeal D. No. 63912026was filed on 05.04.2026 and certain objections were raised by theRegistryfor compliance/removalof defects. However, despite sufficient opportunity,appellant failed to comply with/remove the defects till date.
Therefore, it ispresumed that, the appellantis not interested in pursuing with the matter.
Issues for consideration
3 issues framed by the court
Whether to register the filed miscellaneous appeal after non-compliance of defects required by Registry.
Whether to presume lack of interest in pursuing the matter due to failure to remove defects.
Whether to decline registration under Rule 6(4) of DRAT (Procedure) Rules, 1994.
Parties & counsel
- appellant
Nitin Vasant Modak
- respondent
Cholamandalam Investment & Finance Co. Ltd.
Coram
Registrar DRAT Mumbai
Case details
As recorded by the court registry
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