Misc. Appeal Nos. 462 to 467 of 2014. Case: Impact Enterprises Vs Union Bank of India. Delhi DRAT DRAT (Delhi Debt Recovery Appellate Tribunals)
| Case Number | Misc. Appeal Nos. 462 to 467 of 2014 |
| Counsel | For Appellant: Sanjeev Bhandari, Advocate and For Respondents: Sudhir Nandrajog, Sr. Advocate and Aditya Madan, Advocate |
| Judges | Ranjit Singh, J. (Chairperson) |
| Issue | Banking |
| Judgement Date | March 22, 2016 |
| Court | Delhi DRAT DRAT (Delhi Debt Recovery Appellate Tribunals) |
Judgment:
Ranjit Singh, J. (Chairperson)
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These appeals have been shuttling between this Tribunal and the High Court. On 29.1.2016, though these appeals were dismissed on merit when the Counsel for the appellant again did not come present. The appellant challenged this order dated 29.1.2016 by filing a writ petition before the High Court and the case has again been sent back to this Tribunal by setting aside the order dated 29.1.2016. The Hon'ble High Court has ordered listing of appeals before this Tribunal on 9.3.2016 for arguments. Now, the appellants have moved applications in all these appeals for taking on record some additional documents, which prayer stands rejected vide separate order dated 10.3.2016. When these appeals came up for hearing, the Counsel for the appellant again did not come present. Instead of going ahead with the hearing of these appeals, this Tribunal thought it appropriate to adjourn the appeals to 10.3.2016 for hearing, by passing the following order:
These appeals have been taken up for heating a number of times. Appeals came to be dismissed for non-prosecution on a few occasions due to non-appearance of the Counsel for the appellant. When the application for recall of the order dismissing the appeal was rejected, the appellant had approached the High Court of Delhi which then had ordered hearing of the appeals on merits and fixed the date for appearance before this Tribunal on 15th January, 2016. The Counsel for the appellant again did not appear on the said date whereas Counsel for the respondent had appeared to make a mention about the directions issued by the High Court. The respondent had then moved an application for hearing the appeal, which was listed on 29th January, 2016. Counsel for the appellant remained absent on the said date. The order on merit was passed as the High Court had directed not to grant an adjournment. These appeals dismissed on merits on 29th January, 2016.
The appellant has again filed a Writ Petition to challenge the order dated 29th January, 2016 before the Hon'ble High Court. While setting aside the order dated 29th January, 2016, the High Court has fixed the hearing of the appeals on 9th March, 2016 i.e. today. This date was fixed with the concurrence of the Counsel for both the parties who had earlier appeared before this Tribunal to make a mention of the appeals for fixing date as per direction of the High Court.
When the cases were called in the first round, the appellant appeared in person to request for pass over as his Counsel, Mr. Sanjeev Bhandari, was yet to reach.
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