The Debt Recovery Appellate Tribunal at Chennai dismissed application IA 245/2022 for default due to non-filing of Vakalath and absence of counsel. Consequently, the linked appeal AIR (SA) 91/2022 was rejected.
No legal relief; the application for waiver was dismissed and the appeal rejected.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 27th day of September, 2023
PRESENT: HON'BLE MR. JUSTICE S.RAVI KUMAR CHAIRPERSON
IA 245/2022 (Waiver)
In
AIR (SA) 91/2022
( IA 957/2022 in SA 137/2022 on the file of DRT, Coimbatore)
Between
1. M/s Mallur Siddeswara Spinning Mills Private Limited Athanur Attayampatty Road, Rasipuram, Namakkal 636 301.
2. Mr. E. Kasha Sai, Son of Late Elangkumaran, No.62/315 B, Brindavan Road, 8th Cross, Opp: to SKS Hospital, Fairlands, Salem 636 016.
3. Mrs. E. Parimala, Wife of Late P.R. Elangkumaran, No.62/315B, Brindavan Road, 8th Cross, Opp: to SKS Hospital, Fairlands, Salem 636 016.
4. Mrs. P. Jayamani Wife of Late Rajendran, No.62/315B, Brindavan Road, 8th Cross, Opp: to SKS Hospital, Fairlands, Salem 636 016.
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5. Mrs. E. Sai Janani, Daughter of Late P.R. Elangkumaran, No.16, Round Road, Mahalingapuram, Pollachi 642 002.
6. M/s Sri Laxmi Oxygen Private Limited, Attaiyampatty Road, Athanur Post, Namakkal 636 301.
7. M/s Jayaraj Yarn India Private Limited No.4/32, 4/32A, Attaiyampatty Road, Athanur, Rasipuram, Namakkal 636 301.
…Appellants
And
The Authorised Officer, M/s City Union Bank Limited Credit Recovery and Management Department, “Narayana”, No.24B, Gandhi Nagar, Kumbakonam 612 001.
And also at:
M/s City Union Bank Limited, Salem Branch, No.98-100, Arunachala Achari Street, Near Old Bus Stand, Salem 636 001.
…Respondent Bank
Counsel for Appellants : None Counsel for Respondent Bank : M/s Ananda Gomathy Murugesan & Co.
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ORDER
Ld. Counsel for respondent bank reported ready.
Vakalath of petitioners/appellants is not filed in spite of granting time since March, 2023. No representation for petitioners/appellants today. Despite giving opportunity, petitioners/appellants evinced no interest in prosecuting the application.
Therefore, Application IA 245/2022 (Waiver) is dismissed for default. Consequently, Appeal AIR (SA) 91/2022 is rejected.
Sd/[Justice S. Ravi Kumar] CHAIRPERSON
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1 issue framed by the court
Whether the application for waiver of default should be allowed in the absence of Vakalath and counsel.
M/s Mallur Siddeswara Spinning Mills Private Limited
Mr. E. Kasha Sai
Mrs. E. Parimala
Mrs. P. Jayamani
Mrs. E. Sai Janani
M/s Sri Laxmi Oxygen Private Limited
S. Ravi Kumar
As recorded by the court registry
15 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
