The Tribunal restored an appeal previously dismissed for non-payment of pre-deposit, allowing an extension of time application to be considered alongside the payment due on 01/12/2022.
The application for restoration of appeal and extension of time was allowed.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No. 576/2022 (Extension of Time)
In Appeal on Diary No. 952/2022
Between
SNS Marine Services Pvt. Ltd. & Ors. … Appellant/s V/s.
Aditya Birla Housing Finance Ltd. …Respondent/s Mr. Alok Mishra, i/b M/s. G.P. Associates, Advocate for Appellant. Mr. Rajesh Nagori along with Mr. Vishal Maheshwari & Ms. Kamini Pansare & Mr. Mihir B., i/b M/s. VM Legal, Advocate for Respondent
-: Order dated: 17/11/2022:-
The appellant was directed to pay the pre-deposit amount of Rs. 2 Crores in two instalments. The first instalment was due on 07.11.2022 and the second instalment was due on 01.12.2022. On 07.11.2022 Appellant was not able to pay the amount and the field praecipe for receiving the application for an extension of time. Being a self-working order the Appeal stands dismissed on that date.
The Appellant has filed the restoration of Appeal. The Application is allowed and the application for an extension of time shall be considered together with the deposit to be made on 01.12.2022.
Reply, if any, shall be filed on that date.
Post on 01.12.2022 compliance regarding payment.
psa-12
1
1 issue framed by the court
Whether to restore an appeal dismissed due to non-payment of pre-deposit within the stipulated time.
SNS Marine Services Pvt. Ltd. & Ors.
Aditya Birla Housing Finance Ltd.
Ashok Menon
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
