Mrs Sumathi Selvakumar v. Karur Vysya Bank

IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

IA 357/2022 In A.IR:277/2022

Mrs.Sumathi Selvakumar V/S A.O.,Karur Vysya Bank Ltd

28/09/2022

This application is filed seeking extension of time for complying order dated 19.8.2022 passed in IA 324/2022 (waiver), according to which, appellant has to deposit a sum of Rs.1,25,40,147/- on or before 2.9.2022, failing which, appeal stands rejected.

Appellant, without making deposit filed an application on 2.9.2022 seeking extension of time which is numbered as IA 357/2022. As per request in the said IA, 15 days further time is required to comply with conditional order dated 19.8.2022. Extension application is now pending and it is coming for counter of opposite party. Today, when respondent sought time for filing counter, advocate for appellant submitted that as respondent did not file any counter, therefore, time may be extended. Even as per prayer made in this application, 15 days time has to be granted for complying order dated 19.8.2022. As order dated 19.8.2022 has to be complied on or before 2.9.2022, from that date when 15 days is calculated, it would expire on 17.9.2022. Today we are on 28.9.2022, therefore, time prayed for is already over. Subsequently, an additional affidavit is filed stating that three weeks time may be granted to comply the order from the date of order in IA 357/2022, which is contrary to request made in IA 357/2022. Therefore, additional affidavit which is contrary to relief claimed in IA 357/2022 cannot be accepted.

Admittedly, till date money is not deposited. If appellant is really diligent and bona fide, whether this Tribunal extends time or not, she should have deposited money within 15 days period as requested in IA 357/2022. As appellant failed to deposit money, I am of the view that order dated 19.8.2022 has to be given effect and on doing so, appeal has to be rejected for non deposit.