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Judgment
Ashok Menon, Chairperson
The matter is taken up for hearing by way of a praecipe filed by the Appellant seeking urgent relief.
This is an application for restoration of the appeal at Diary No. 360 of 2022 dismissed for default of non-appearance of the Appellant. An application for waiver of deposit was also filed by the Appellant which was pending consideration with the appeal. The Ld. Counsel for the Appellant submits that he was held up to another court and, therefore, could not appear to make his submission before this Tribunal. The Ld. Counsel appearing for the Respondent bank has vehemently opposed the application for restoration stating that the grounds stated are not sufficient.
The inability of the counsel to appear is not a reason sufficient to restore the appeal. In the instant case, the Appellant and his counsel were continuously absent on 25.05.2023, 14.07.2023 and then again on 13.10.2023 when the appeal was ultimately dismissed. Hence, the reasons for non-appearance are not satisfactory. However, since the matter has to be disposed of on merits an opportunity is granted to the Appellant to contest the appeal on merits.
The application is allowed subject to the payment of costs of ₹5000/- within a week to the D.R.T. Bar Association, Mumbai for the purchase of books and periodicals.
Post on 28.12.2023 before the Registrar for reporting compliance.