The Debt Recovery Appeals Tribunal granted the appellant an extension of three weeks to pay the outstanding balance of ₹10,00,000 towards the third instalment of a mandatory pre-deposit, pursuant to Section 19(25) of the RDB Act and Section 148 of the CPC.
Extension of time granted to pay the balance of ₹10,00,000 within three weeks.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 286/2023 In Appeal on Diary No. 357/2023
Between
Harshit S/o Dine s h Mishra … Appellant/s V/s. … Aditya Birla Hous i ng Finance Ltd & Anr. Respondent/s
Mr. N.L. Karam c handani, Advocate for Appellant. Ms. Kamini Pa n sare, i/b M/s. V. M. Legal, Advocate for Respondent.
-: Order dated: 09/05/2023:-
The matter is ta k en up for hearing by way of a Praecipe filed by the Appellant for se e king urgent relief. As per the orde r of this Tribunal dated 29.03.2023 , the Appellant was directed to d e posit a total sum of ₹ 40,00,000/towards pre-deposit in instalment s . 2. The Appel l ants has already deposited ₹ 15, 0 0,000/- towards first instalments a nd second instalments of ₹ 12,50, 0 00/- is also paid on time.
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jurisdiction of this Tribunal under Sec. 19 (25) of the RDB Act, and Sec. 148 of the C.P.C. the amount of ₹ 10,00,000/- shall be paid within three weeks. No further extension shall be granted.
Post on 31.05.2023 for reporting compliance.
Sd/-
Chairperson
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1 issue framed by the court
Whether the appellant is entitled to an extension of time to pay the remaining third instalment of the pre-deposit.
2 provisions across 2 enactments
Harshit S/o Dine Mishra
Aditya Birla Housing Finance Ltd & Anr.
Ashok Menon
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
