The Debt Recovery Appellate Tribunal at Chennai dismissed an urgent waver application filed by the appellant as infructuous, since the auction scheduled in the underlying matter did not take place, rendering the claimed relief unnecessary.
Discontinued waver application (IA 110/2023) as infructuous due to non-conduct of auction.
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 110/2023 in IA 111/2023
In
AIR (SA) 156/2023
Kj Hospital Vs Jm Financial Arc Ltd.
17/03/2023
Mr. Ashwin Shenbhag, Advocate, represented that he is representing Respondent Institution.
This Application is filed to take up the Waver Application on urgent basis.
Advocate representing Respondent Institution submitted that relief claimed in the Application has become infructuous in view of the fact that auction did not take place.
As seen from Affidavit, even according to Petitioner, Petitioner/Appellant was directed to deposit Rs.13 Crores, in two intalments for granting interim stay, and first instalment has to be deposited on or before 13.03.2023, and if said condition is not complied with, Petitioner/Appellant will be greatly prejudiced, therefore, Appeal has to be taken up before 13.03.2023. Today we are on 17.03.2023, therefore, as rightly pointed out by Advocate representing Respondent Institution, relief claimed in Urgent Petition has become infructuous .
Considering the submissions of both sides, IA 110/2023 (Urgent Petition) is dismissed as infructuous.
Sd/Chairperson
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
