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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson Appeal on Diary No. 438/2023
Between
CFM Asset Reco n struction Pvt Ltd. … Appellant/s V/s. M/s. Shekhar Ch a mpalal Pagaria Throuigh its … Respondent/s Proprietor Mr. Sh e khar Champalal Pagaria. Mr. Charles D’so u za, , Advocate for Appellant. Ms. Sonali Jain, A dvocate for Respondent Nos. 1 to 6.
-: Order dated: 29/03/2023:-
The Resp o ndent appears and Counsel a p pearing for the Respondent see k s time to file a reply. Prima faci e objections were raised with regar d to the appeal at Diary No. 438/ 2 023 regarding on the ground that the Appeal challenges three di f ferent orders in interlocutory Ap p lications disposed of by a commo n order passed by the Ld. Presidin g Officer, D.R.T.- Pune on 22.02. 2 023. Technically three appeals w i ll have to be filed challenging the orders in three I.As. and there f ore, the Appellant is directed to cure the defects. However, in the impugned order, there is a direct i on to refund the amount deposite d by the auction purchaser to him w ithin four weeks from the date of t he order.
The Ld. C o unsel appearing for the Appell a nt expressed his anxiety over non - compliance with the order being t a ken as contempt of the impugned order. This Tribunal would ther e fore, order that
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the compliance of that impugned order shall stay for the meanwhile and separate appeals shall be filed and the objection raised by the office complied with.
Post on 20.04.2023 for compliance before Registrar.
rm-4
Sd/-
Chairperson
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1 issue framed by the court
Whether multiple interlocutory orders constituting technical bars to a single appeal can be consolidated
CFM Asset Reconstruction Pvt Ltd.
M/s. Shekhar Champalal Pagaria
Ashok Menon
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
