The Debts Recovery Appellate Tribunal dismissed the appeal as not maintainable because the appellant failed to comply with a pre-deposit order dated 13th April, 2023, and did not file a stay order from the High Court despite extensions granted.
The appeal (Diary No. 446 of 2019) is dismissed as not maintainable.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 446 of 2019
(Arising out of I.A. 3746 of 2019 in SAIR 1116 of 2019 in DRT-II, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
| 17.08.2023 | M/s. Abhishek Steel & Power Limited & 4 Others … Appellants -Vs- Asset Reconstruction Company (India) Limited & Another … Respondents |
|---|---|
| Mr. Joy Saha, Learned Senior Advocate with Mr. Subhajit |
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| Saha, Learned Counsel for Respondent No. 1 |
|
| Mr. Om Narain Rai with Mr. Prashant Agarwal, Learned Counsel for Respondent No. 2/Auction Purchaser |
THE APPELLATE TRIBUNAL :
Matter is taken up in the revised list. None is present for the Appellant.
Compliance of the order dated 13th April, 2023, regarding pre deposit, is not made. It appears from the record that time was granted to the Appellant on 15th June, 2023 and 4th August, 2023 but neither the compliance is made nor any stay order of the Hon’ble High Court is placed on record.
Accordingly, in such circumstances, since compliance of the order dated 13th April, 2023, regarding pre deposit, is not made, appeal, being Diary No. 446 of 2019, is dismissed being not maintainable.
2
Copy of the order be supplied to Appellant and the Respondents and a copy be also forwarded to the concerned DRT.
File be consigned to Record room.
Order dictated, signed, dated and pronounced in open Court.
(Anil Kumar Srivastava,J) Chairperson
Dated: 17th August, 2023 01/ac
2 issues framed by the court
Whether the appeal is maintainable due to non-compliance with the pre-deposit order.
What is the consequence of the appellant's failure to file a stay order from the High Court?
M/s. Abhishek Steel & Power Limited & 4 Others
Asset Reconstruction Company (India) Limited & Another
Anil Kumar Srivastava
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
