This interim order addressed a debt recovery appeal. The Tribunal dismissed the appeal as abated regarding deceased respondents due to lack of substitution steps, while adjourning the remaining matter.
Appeal dismissed as abated against deceased respondents; matter adjourned for last chance.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
R.A:41/2020
M/S Arcil V/S Ramraj Trading Co Ltd & Ors
14/12/2022
Vakalath of R1 not filed. R1 set ex parte.
Steps against deceased R3, R8 and R10 not taken.
Advocate for appellant reported that appellant has approached the other side and other side is also not in a position to secure necessary documents and details and sought for some more time.
On previous hearing i.e., on 23.11.2022, following order is passed.
“It is made clear that no further time will be granted and if appellant fails to take steps, necessary orders will be passed”
In spite of that, appellant has not taken steps against deceased respondents 3, 8 and 10. Therefore, appeal is dismissed as abated against these respondents.
At request of Ld. Counsels for both sides, post the matter on 5.1.2023 for hearing as ‘last chance’. It is made clear that no further adjournment will be granted on that day and if both parties fail to proceed, appeal will be decided in accordance with law.
Sd/Chairperson
1 issue framed by the court
Whether appeal abates in case of failure to take steps against deceased respondents?
M/S Arcil
Ramraj Trading Co Ltd
Chairperson
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
