Amool Shivaji Rokade v. Hdfc Bank
Case brief
What is this about?
Appellant sought extension for pre-deposit. Tribunal granted three weeks after 50% deposit. Failure to comply results in automatic dismissal of appeal.
What did the court decide?
Time for deposit extended to 17.08.2023 (3 weeks) from order date, subject to automatic dismissal if balance not paid.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 514/2023 (EoT) In Appeal on Diary No. 944/2023
Between
Amol Shivaji Rokade & Anr. … Appellant/s
V/s.
Housing Development Finance Corporation Ltd. …Respondent/s Mr Herbert Naronha, i/b Mr Prafull Mahadik, Advocate for Appellants.
Mr Shreesh Oak, i/b M/s. S. C. Legal, Advocate for Respondent.
The Appellants were directed to make a pre-deposit of ₹1 crore. The Appellants have so far deposited ₹59 lakhs towards the said pre-deposit amount. The balance is to be deposited on 27.07.2023. The Appellants have filed an application for an extension of time. They seek four weeks more to pay the amount.
In view of the fact that the Appellants had deposited 50% of the said predeposit amount. Hence, Appellants are directed to deposit the balance amount within the period of three weeks i.e. on or before 17.08.2023. The appeal would not stand dismissed as directed.
No further extension will be granted and in case fail to deposit the aforesaid balance amount, the appeal shall be dismissed automatically without any further reference of the Tribunal.
Issues for consideration
1 issue framed by the court
Whether the appellant is entitled to an extension of time for pre-deposit beyond three weeks after having deposited 50% of the required amount?
Parties & counsel
- appellant
Amol Shivaji Rokade
- respondent
Housing Development Finance Corporation Ltd.
Coram
Ashok Menon
Case details
As recorded by the court registry
All orders in this case
4 orders share this CNR
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