The Debt Recovery Appellate Tribunal dismissed the appeal of the appellant for regular consideration due to failure to pay the pre-deposit in instalments within the stipulated time and subsequent failure to file an extension application before the expiry of the initial deadline.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 116/2023 (EoT) In Appeal on Diary No. 35/2022
Between
Nitin Eknath Pawar … Appellant/s
V/s.
Bharat Co-operative Bank (Mumbai) Ltd. & Ors.
Mr Praful Chipte, i/b Mr. Sanjay Juvekar, Advocate for Appellant.
Ms Sanjana Ghogare, Advocate for Respondent No. 1.
-: Order dated: 22/02/2023:-
The matter is taken up for hearing by way of praecipe dated 14.02.2023 filed by the Appellant seeking urgent relief.
1
Under the circumstances, the appeal stands dismissed. The extension cannot be granted.
Sd/Chairperson
mks-5
2
2 issues framed by the court
Whether the appeal should be dismissed due to default in payment of pre-deposit and untimely filing of extension application.
Whether the discretionary extension of time for pre-deposit can be granted post-expiry.
Nitin Eknath Pawar
Bharat Co-operative Bank (Mumbai) Ltd.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
