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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Appeal No.105/2022 Arising out of S.A.No.215/2022(DRT-III, Delhi)
Sh.Neeraj Jaju & Ors. Vs Cholamandalam Investment & Finance Co.Ltd. & Ors.
12.01.2023 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Sidharth Chopra, Ld. counsel for appellants
Mr. Sanjeev Bhandari, Ld. counsel for respondent no.1
Mr. Anand Aggarwal, Ld. counsel for auction purchaser
This matter has been taken up by me through Video Conferencing.
Ld. counsel for respondent no.1 states that the appellants have to make pre-deposit as per the judgment dated 05.01.223 of the Hon’ble Supreme Court in M/s. Sidha Neelkanth Paper Industries Private Limited & Anr. Vs. Prudent ARC Limited & Anr. [Civil Appeal No.8969 of 2022]. Ld. counsel for the appellants submits that he will have to arrange money for making pre-deposit and, therefore, four weeks’ time may be granted for the said purpose.
Heard. Let the appellants make the requisite pre-deposit as prayed by him within four weeks. Till then the file be consigned to record room and be revived as soon as the appellants make the requisite pre-deposit and file application for revival of the appeal.
Learned counsel for the auction purchaser states that the sale certificate was to be registered within a period of three months and in view of the pendency of the present proceedings the respondent no.1 has not registered the sale certificate and in case the present appeal is not revived within four weeks, the Sub Registrar be ordered to register the same within one month thereafter.
Heard. It is hereby clarified that in case the pre-depoist is not made within four weeks and the present appeal is not revived within the stipulated time, the Sub-Registrar is directed to register the sale certificate within one month thereafter.
Registry is directed to inform this Tribunal immedaitely if pre-deposit is made by the appellant as above.
(CHAIRPERSON)
-pk
Colour shows how this judgement treated each authority
M/s. Sidha Neelkanth Paper Industries Private Limited & Anr. Vs. Prudent ARC Limited & Anr. [Civil Appeal No.8969 of 2022]Referred¶9
Sh. Neeraj Jaju & Ors.
Cholamandalam Investment & Finance Co. Ltd. & Ors.
Brijesh Sethi
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court