The Debt Recovery Appellate Tribunal dismissed the appellants' delay application (IA 8/2023) and rejected their appeal (AIR (SA) 446/2022) for default due to their repeated absence despite a notice posted for dismissal.
Dismissal of delay application IA 8/2023 and rejection of Appeal AIR (SA) 446/2022.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 7th day of September, 2023
PRESENT: HON'BLE MR. JUSTICE S.RAVI KUMAR CHAIRPERSON
IA 8/2023 (Delay) In
AIR (SA) 446/2022
(IA 2609/2021 in SA No.588/2021 on the file of DRT, Coimbatore)
Between
W/o Jayaprakash, Old No21, No.37, Mariamman Kovil 5th Street, Sanjivarayanpetti, Dadagapatti, Selam 636 006.
No.37, Mariamman Kovil 5th Street, Sanjivarayanpetti, Dadagapatti, Selam 636 006.
…Appellants
And
Authorised Officer, Ms Cholamandalam Investment and Finance Company Ltd., Dare House, 2, NSC Bose Road, Parry’s, Chennai 600 001.
…Respondent
1
Counsel for Appellants : M/s A.B. Fathima Sulthana & Co. Counsel for Respondent : Shri M. Arunachalam & Ms. M. Nagalakshimi
ORDER
No representation for petitioners/appellants. Ld. Counsel for respondent reported ready.
This matter is posted today for dismissal as petitioners/appellants were absent on previous hearing i.e., 18.7.2023.
To give an opportunity to petitioners/appellants, matter is posted to this day under the caption of “dismissal”. In spite of that, petitioners/appellants evinced no interest in prosecuting the application.
Therefore, Application IA 8/2023 (Delay) is dismissed for default. Consequently, Appeal AIR (SA) 446/2022 is rejected.
Sd/[Justice S. Ravi Kumar] CHAIRPERSON
2
2 issues framed by the court
Whether the delay application filed by the appellants should be allowed given their absence at the previous hearing.
Whether the pending appeal requires adjudication following the dismissal of the delay application.
Jayaprakash S
Jayanthi
M/s Sri Ratna Tex
Cholamandalam Investment and Finance Company Ltd.
S. Ravikumar
As recorded by the court registry
10 orders share this CNR
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