The Tribunal dismissed the appeal for non-compliance with an order requiring a mandatory pre-deposit under the SARFAESI Act. The request for an extension due to alleged illness was rejected for lack of specific medical evidence.
The appeal was dismissed for non-compliance with the order dated 25.08.2022 regarding the payment of deposit.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. on Diary No. 910/2022 (Extension of Time)
In Appeal on Diary No. 796/2022
Between
M/s Morya Alucast Alloy (A Partnership Firm) & … Appellant/s Ors.
V/s.
Bank of Baroda & Anr. …Respondent/s
Mr. Omkar Chitale i/b Mr. Pravin P. Mengane, Advocate for the Appellants.
Mr. Amod D. Naik, i/b M/s. M.V. Kini & Co., Advocate for the Respondents.
-: Order dated: 14/09/2022:-
1
910/2022 and the defects pointed out by the Registry, yet to be cured, state that Appellant No.2 is suffering from chest pain. No further details of her medical condition are made available. The learned counsel for the Appellants orally submits that Appellant No.2 is having a cardiac arrest and may have to undergo angioplasty. But unfortunately, there is no such medical evidence to support that submission. The order dated 25.08.202 is self-working and on nonpayment of the second instalment of ₹5.00 lakhs on or before 13.09.2022, the Appeal would stand dismissed automatically, without further reference to this Tribunal. The reason stated in the application for extension of time does not appear to be genuine, and acceptable.
Sd/Chairperson
mks-8
2
1 issue framed by the court
Whether the Appellant was entitled to an extension of time to pay the mandatory pre-deposit under the SARFAESI Act despite medical grounds?
1 provisions across 1 enactments
M/s Morya Alucast Alloy
Bank of Baroda
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
