If the Registry upholds the defects under Rule 6(3) of the DRAT(Procedure Rules), 1994, the appellant has a right of appeal, under Rule 6(5) of the Rules before the Appellate Tribunal, within 15 days – Suresh Kumar P K Vs. Debts Recovery Appellate Tribunal – Kerala High Court

Hon’ble High Court held that a plain reading of Rule 6(3) of the Debt Recovery Appellate Tribunal(Procedure Rules), 1994 demonstrates that the appellant can either cure or answer the defects noted by the Registry. If the Registry upholds the defects, then the appellant has a right of appeal, under Rule 6(5) of the Rules before the Appellate Tribunal, within 15 days. In the instant case, admittedly, the petitioner has not answered defect No.4 in Ext P3 proceedings. Instead, he has rushed to this Court under Article 227 of the Constitution of India, on the ground that the defect No.4 is unsustainable in law.

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