Dr. Rajul Vishnubhai Mesvani v. Central Bank of India

Dr. Rajul Vishnubhai Mesvani

…Appellant

Central Bank of India

…Respondent

Case No: Appeal on Diary No. 1639/2023

Date of Judgement: 13/09/2023

Judges:

Mr. Justice Ashok Menon, Chairperson

For Respondent: Ms. M.R. Patel, Advocate.

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Facts

Arguments by the Appellant

The Appellant argues that there appears to be a total lack of discipline and due judicial process in the entire proceedings challenged before the DRT. The Appellant contends that orders of attachment, appointment of a receiver, and dispossession were passed without the Recovery Proceeding being restored to file after its dismissal for default. The Appellant has produced income tax returns for the years 2022-2023 and 2023-2024, indicating negligible income as a medical doctor by profession. The Appellant states that although he is a director of several institutions, he is not deriving any income from those companies, as reflected in his income tax returns.

Arguments by the Respondent (Central Bank of India)

Order by the Tribunal

Sections and Laws Referred

    • Section 30: Appeal to the Appellate Tribunal
    • Section 30A: Deposit of debt due for filing appeal

    • Income Tax Act (provisions related to non-disclosure of income)