Allowed an application for restoration of an Order in Default, setting aside the dismissal and fixing a new hearing date for the OA.
Set aside the order dated 22.08.2022 in OA no. 139/2020 and restored the OA with a hearing on 1.3.2023.
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.
Office action taken with data
| Date of order 9r proceeding |
DEBTS RECOVERY TRIBUNAL, PATNA Order with the Signature of the Court |
|---|---|
| MA 148 of 2022 | |
| 10.01.2023 | Ld. counsel for the applicant submits that the MA has been filed for restoration of OA 139/2020. The aforesaid OA was dismissed in default because the applicant could not hear the correct date fixed on 22.8.2022. This application shows bonafide mistake regarding the date fixed by the Tribunal. No objection has been filed by the defendants so far. In such circumstances the Misc. application is allowed. Accordingly, order dated 22.08.2022 passed in OA no. 139/2020 is hereby set aside. Let aforesaid OA no. 139/2020 be restored to its original Number fixing on 1.3.2023 for hearing. Order be uploaded on the Tribunal's website. Patna (Kaushalendra Yadav) Presiding Officer |
Applicant
Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
