Mr Ross Deas & Anr. v. Central Bank of India
Case brief
What is this about?
The Tribunal directed the appellant to serve the respondent to ascertain if the claimed amount has been realized, which would allow disposal of the appeal. No decision was made.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson Appeal No. 37/2008
Between
Mr. Ross Deas & Anr. … Appellant/s V/s. Central Bank of India …Respondent/s
Mr. Nikhil Rajani, a/w Mr. Rupak Sawangikar, i/b M/s. V. Deshpande & Co., Advocate for Appellant.
-: Order dated : 17/06/2022 :-
M.A. No. 109/2008 was disposed by this Tribunal directed the Appellant to make a pre-deposit of Rs.40 Lakhs by the order dated 15.07.2014. This order was challenged before the Hon’ble High Court of Judicature Bombay in Writ Petition No. 9304/2014 and the same was allowed by the High Court vide order dated 06.01.2020 granting exemption from payment of pre-deposit in view of the fact that the entire amount has already been realized by the Bank.
There is no representation for the Bank to make statement that the entire amount has been realized by the Bank fact, so that the Appeal itself can be disposed of.
The Appellant is directed to issue notice to Central Bank of India and also to the counsel who was holding Vakalatnama and file proof of service on the next date of hearing.
Post on 21.07.2022 for reporting service.
Parties & counsel
- appellant
Mr. Ross Deas
- respondent
Central Bank of India
Coram
Ashok Menon
Case details
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