Application for advancement of hearing date rejected as a duplicate filing after a previous identical application was closed due to non-appearance without reason.
None
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 129/2022 (Advance Hearing) &
IA 113/2022 (Waiver) In
A.IR:80/2022
V.Shareef & Anr ... Appellant
Vs
A.O.,State Bank Of India ... Respondents
27/04/2022
Representing counsel Shri Durairaj for Ld. Counsel Shri N.Sasi for petitioner/appellant and representing counsel Shri Mohamed Hussain for Ld. Counsel Shri M.L. Ganesh for respondent bank present.
IA 129/2022 (advance hearing); This application is filed seeking advancement of AIR(SA) 80/2022 from 19.5.2022 to an earlier date.
The applicant herein earlier filed IA 123/2022 for self same relief, with same averments and self same affidavit and that application was closed on 25.4.2022 for non appearance of appellant and without assigning any reason for the absence on 25.4.2022, the present application is filed retyping the same affidavit with the same relief.
When it was put to Ld. Counsel for the applicant for not giving any reason for earlier absence, he represented that he may be granted time to file additional affidavit.
I am not inclined to consider his request for the reason that when an application on similar grounds for similar relief is already considered and closed, a second application for the self same relief with self same averments and affidavit is not maintainable, at best applicant should have requested to reopen the closed petition.
For these reasons, this IA is dismissed. No costs.
List the matter on the original date of hearing i.e. 19.5.2022 for further proceedings.
Sd./Chairperson
1 issue framed by the court
Whether a second application for the same relief with identical averments and affidavit after a previous similar application was closed for non-appearance is maintainable.
Shareef & Anr
A.O., State Bank Of India
Chairperson
As recorded by the court registry
17 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
