A single-judge DRT allowed a chamber appeal by Kotak Mahindra Bank where the Registrar refused to register the Original Application. The court waived costs due to the bank's honest admission of mistake and directed the removal of objections within a week.
Chamber appeal allowed; directions to remove office objections within one week; no costs imposed.
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.
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
| 26.12. Sr. No |
2023 .24 CA No. 14 / 2023 |
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|---|---|---|
| Classific ation |
No. of Exh. |
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| CHAMBER APPEAL NO. 14 / 2023 Kotak Mahindra Bank Ltd. ..Applicant Versus Dattatray Anil Thube ..Defendant Mr. Pradeep Yadav – Advocate for the applicant-bank. None for the defendant. The matter is taken through hybrid. 1. This is a chamber appeal filed by the bank challenging the order of passed by the Ld. Registrar who has refused to register the Original Application. The learned counsel for the applicant admits that he and his juniors have not been able to remove the office objections. 2. Since the learned counsel for the applicant honestly admits his mistake and request for not to impose the cost. 3. In view of the honest admission of mistake by the counsel for the applicant-bank, I pass the following order. ORDER A. Chamber Appeal no. 14/2023 is allowed with a direction that the applicant has to remove all the office objections within one week from the date of uploading of the order on the official web-site. B. All pending IA in the proceeding if any are disposed of accordingly. C. Consign the file to the Record Room. |
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| (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad |
Order uploaded on official website on 03.01.2024
[APK] (CA No.14/2023) Page 1 of 1
1 issue framed by the court
Whether to allow a chamber appeal filed by a bank challenging the non-registration of its original application due to an honest admission of procedural error by its counsel.
1 provisions across 1 enactments
Kotak Mahindra Bank Ltd.
Dattatray Anil Thube
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
