The tribunal dismissed an application seeking advancement of hearing for a waiver application. The court found the urged ground untenable due to lack of particulars and the application of the doctrine of lis pendens.
Application for advancement of hearing dismissed.
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.
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 63/2023 in IA 26/2023
In
A.IR:420/2022
P Pon Ananthakumar Vs Iob And 2 Others
09/02/2023
Affidavit of service filed along with track record. Respondents 1 and 2 served.
No representation for respondents and respondents called absent.
This application is filed seeking advancement of hearing of waiver application from 17.2.2023 to this date on the ground that Auction Purchaser is likely to alienate and encumber the property and create 3rd party interest over the same. Other than the said ground, no ground is raised.
The ground urged for advancing the matter is not a tenable ground because no particulars are given like date on which auction purchaser is likely to alienate or details about proposed purchaser. Further, under the doctrine of Lis pendis , the ground urged is not tenable.
Therefore this application is dismissed.
Sd/Chairperson
P Pon Ananthakumar
Iob
As recorded by the court registry
18 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
