The Tribunal restored an appeal dismissed for non-payment of pre-deposit upon receiving partial amounts. It granted time till 23.01.2024 for the final instalment, stating no further extension will be given.
The appeal is restored to file. Time granted for payment of the 3rd instalment of ₹8 lakhs until 23.01.2024.
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 M.A. No. 126/2023 (Restoration)
In
(Appeal on Diary No. 460/2023- Disposed of)
Between
Kailash Govindram Batra & Anr. … Appellant/s V/s. ICICI Bank Ltd. …Respondent/s
An Advocate for the Appellant is present.
An Advocate for the Respondent is present.
This Tribunal had vide order dated 21.11.2023 directed the Appellants to deposit a sum of ₹30 lakhs as pre-deposit. The Ld. Counsel appearing for the Appellants had submitted that ₹ 5 lakhs was already deposited and a further sum of ₹ 3 lakhs more is being deposited on the date of the order. The balance of ₹22 lakhs was directed to be deposited in three instalments.
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been paid, and toward the 2nd instalment ₹3.5 lakhs has also been deposited and the balance of ₹3.5 lakhs is being paid by RTGS today by 4:00 PM. The Appellants pray that the appeal may be restored and some time may be granted for payment of the 3rd instalment of ₹8 lakhs.
List on 24.01.2024 for reporting compliance.
psa-25
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2 issues framed by the court
Whether the appeal pending for dismissal due to non-payment of pre-deposit can be restored upon partial payment and extension of time.
Whether the appellants are entitled to further time to deposit the balance pre-deposit amount.
Kailash Govindram Batra & Anr
ICICI Bank Ltd
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
