This court disposed of an interim application (IA 111/2023) regarding a sale notice in a Debt Recovery case. Finding the application infructuous, the court dismissed the IA and rejected the main Appeal AIR 156/2023.
Application IA 111/2023 dismissed as infructous; Appeal AIR 156/2023 rejected.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 18th Day of July, 2023
PRESENT: HON'BLE MR. JUSTICE S.RAVI KUMAR CHAIRPERSON
IA 111/2023 (Waiver)
In
AIR (SA) 156/2023
(IA 541/2023 in SA 82/2023 on the file of DRT, Coimbatore)
Between
M/s K.J. Hospital Rep. by its Partner M. Robert, S/o K.P. Innachi Muthu, Site No.671/2A1, Kasthuri Nagar, Palakkad Main Road, Kuniamuthur, Coimbatore 641 008.
….Appellant
And
M/s JM – Financial Asset Reconstruction Company Ltd. Rep. by Authorised Officer, Acting in its capacity as Trustee of “JMFARC –Federal Bank March 2013-Trust’,
Having its Registered Office at
7th Floor, Cnergy, Appasaheb Marathe Marg, Prabhadevi, Mumabi 400 025.
…Respondent
Counsel for appellant : M/s K. Madhu & R. Kannan Counsel for respondent : M/s Ashwin Shanbhag & Co.
1
ORDER
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/-
[Justice S. Ravi Kumar] CHAIRPERSON
2
1 issue framed by the court
Whether the appeal becomes infructuous due to non-issuance of fresh sale notice and filing of separate appeal by the appellant.
M/s K.J. Hospital Rep. by its Partner M. Robert
M/s JM – Financial Asset Reconstruction Company Ltd.
S. Ravi Kumar
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
