K J Hospital v. Jm- Financial Asset Reconstruction Company Ltd.
Case brief
What is this about?
The Appellate Tribunal dismissed a waiver application as infructuous and consequently rejected the main appeal because a fresh sale notice was issued and a fresh application was pending, rendering the initial sale notice impotent.
What did the court decide?
Waiver application dismissed; main appeal rejected.
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.
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 111/2023 in A.IR:156/2023
K.J.Hospital V/S J M Finacial Asset Reconstuction Co
Ltd
18/07/2023
Advocate for respondent submitted that this appeal has become infructous as sale did not take place and fresh sale notice is issued and appellant herein filed a separate SA and the same is pending.
Advocate for appellant submitted that this appeal is preferred against an interim order and as main SA itself is closed, this appeal has become infructous.
Considering the submissions of both sides, this application IA 111/2023 (Waiver) is dismissed as infructous. Consequently, Appeal AIR 156/2023 is rejected.
Sd/Chairperson
Issues for consideration
2 issues framed by the court
Whether an appeal against an interim order in a debt recovery matter has become infructuous.
Whether a waiver application should be dismissed when the underlying matter is prospectively extended.
Parties & counsel
- appellant
K.J Hospital
- respondent
J M Finacial Asset Reconstuction Co Ltd
Coram
Chairperson
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 331090001562023
- Topic
- Banking and Recovery
All orders in this case
7 orders share this CNR
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