The chamber appeal was filed to set aside an order declining the registration of a default application (MA) due to non-compliance caused by the appellant misnotifying the court date. The appeal was allowed in favour of the appellant.
Order dated 06.03.2024 set aside. M.A. (D) No.1476 of 2023 registered after compliance. Cost of Rs.5000 to DRT Bar Association.
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| 13.06.2025 | Exh. | Roznama-MDRT-II Chamber Appeal No.06 of 2024 |
Next date |
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| Mr Minesh K. Shah, Advocate for the Appellant. None for Respondent. |
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| Heard on Chamber Appeal No.06 of 2024. Ld. Counsel for the Appellant submits the Appellant filed M.A. (D) No.1476 of 2023 for restoration of Miscellaneous Application No.170 of 2023 which was dismissed for default on 26.05.2023. Ld. Advocate for the Appellant further submits that after filing of M.A. (D) No.1476 of 2023, the objections were complied with except of providing certified copy of the impugned order dated 26.05.2023 and thereafter on 06.03.2024 the above M.A.(D) No.1476 of 2023 was listed before the learned Registrar for compliance. However, the Advocate for the Appellant could not attend the matter due to the date mistakenly noted in his Advocate’s Diary as 18.03.2024 instead of 06.03.2024 and the above M.A. (D) No.1476 of 2023 was declined to register for non- compliance/non-removal of objections |
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| and non-rectification of the defects. | ||
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| Hence, aggrieved by order dated 06.03.2024, the Appellant filed the present Chamber Appeal to set aside the order dated 06.03.2024 and restore the above M.A. (D) No.1476 of 2023 by this Chamber Appeal. Heard counsel for the Appellant in Chamber Appeal No.06 of 2024. Perused the Records. Chamber Appeal No.06 of 2024 is allowed subject to cost quantified in the sum of Rs.5000/- payable to DRT Bar Association for the purchase of books and periodicals. The Appellant to comply with the objections within two weeks. M.A. (D) No.1476 of 2023 be registered after due compliance. |
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| nrb - 46 | File of this Chamber Appeal be consigned to the Record Room after due compliance. Sd/- P.O. DRT-II |
Closed |
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2 issues framed by the court
Whether to allow a chamber appeal to set aside an order declining registration of a Maintenance Application for default.
Whether to restore the Miscellaneous Application (D) No.1476 of 2023 due to the mistake in the advocate's diary.
Minesh K. Shah
State (DRT-II)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
