On an application for restoration of appeal dismissed for non-compliance with a pre-deposit order, the court allowed the prayer, noting receipt of ₹5 lakhs and acknowledging a date error, restoring the appeal and interim orders with a compliance date.
Prayer allowed; Appeal and interim orders restored; Post 31.07.2023 for compliance.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson I.A. No. 487/2023 (I.A. on Diary No. 1199/2023)
Diary No. 774/2023
Between
Arun Indru Thadani & Anr. … Appellant/s V/s. NKGSB Bank Ltd. …Respondent/s
Mr. Ismail A. Nasikwala along with Mr. Nitin Kadam, Advocate for Appellants.
Mr. Sanjay Anabhawane, Advocate for Respondent.
-: Order dated: 18/07/2023:-
I.A. at Diary No. 1199/2023 is an application for restoration of the Appeal which for dismissed for non-compliance with the order of pre-deposit. The Appellants seek an extension of time to make the payment.
The Ld. Counsel appearing for the Appellants submits that the ₹ 5 lakhs is already paid and the balance of ₹ 5 lakhs is being paid today.
It is pointed out that there was a mistake in the date by which the amount was to be paid. The prayer is allowed and the amount shall receive and the Appeal stand restored.
Interim orders shall stand restored.
Post on 31.07.2023 for reporting compliance regarding the payment of the 2nd instalment.
Sd/Chairperson
psa-11
1
1 issue framed by the court
Whether the time limit for pre-deposit can be extended when the appellants claim actual payment and date error?
Arun Indru Thadani & Anr.
NKGSB Bank Ltd.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
