Dismissed

Abdul Latheef A.P v. The Calicut Co-operative Urban Bank

DRAT22 Nov 2024

Case brief

AI extract

What is this about?

The Debts Recovery Appellate Tribunal dismissed an application for waiver of pre-deposit due to non-compliance with a conditional order for deposit. Consequently, the underlying special appeal was rejected as the condition precedent was not fulfilled. No reasons were given beyond the default.

What did the court decide?

Application for waiver of deposit dismissed; underlying special appeal rejected.

Abdul Latheef A.P versus The Calicut Co-operative Urban Bank — Banking and Recovery | DRAT (2024)

¶1

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAI

¶2

Dated the 22^nd day of November, 2024

¶3

PRESENT : HON’BLE MR. JUSTICE G. CHANDRASEKHARAN CHAIRPERSON

¶4

IA 329/2023 (Waiver) In

¶5

AIR (SA) 689/2023

¶6

(Arising out of S.A.No.149/2018 on the file of DRT-I, Ernakulam)

¶7

Between

¶8

Abdul Latheef A.P., S/o. Moideen Haji, 487/3, Anappara House, Unnikulam P.O., Thamarsseri, Kozhikode.

¶9

… Appellant

¶10

And

¶11

The Authorized Officer/Asst. General Manager In Charge, The Calicut Co-operative Urban Bank Ltd, No. 1538, Kallai Road, Kozhikode – 673 002.

¶12

…Respondent

¶13

Counsel for Appellant : M/s. S. Chetanprakash & Bharat Murali Counsel for Respondent : M/s. N. Somasundaar, N. Geetha & S.Balaji

¶14

ORDER

¶15

This matter is coming up today for compliance of statutory deposit.

¶16

This Tribunal vide its Order dated 12.6.2024 directed the petitioner/appellant to deposit 50% of Rs.1,02,34,854/- within a period of two weeks from 12.6.2024 towards pre-deposit i.e. on or before 26.6.2024 and posted the matter on

¶17

27.6.2024 for reporting compliance. However, upon request of Ld. Counsel for petitioner/appellant vide IA 446/2024 (Extension of time), time was extended for payment till 7.8.2024 and posted for compliance on 8.8.2024. On 8.8.2024, again upon request of petitioner/appellant vide IA No.522/2024 (Extension of time), the time was extended till 18.9.2024 and the matter was posted for compliance on 19.9.2024. From 19.9.2024, the matter was reposted to this date.

¶18

Today, Ld. Counsel for petitioners/appellants submitted that petitioners/appellants could not comply with the conditional order and sought further time. Ld. Counsel for respondent bank is present.

¶19

It is reported by the Office, that pre-deposit, as ordered by this Tribunal on 12.6.2024 is not complied with. Despite extending time twice for complying with the conditional order, petitioners/appellants could not comply with the order. Further, as it is a conditional order, request for further time is refused.

¶20

Under the circumstances, Application IA 329/2023 (Waiver) is dismissed for non compliance of statutory deposit, resulting in rejection of Appeal AIR (SA) 689/2023, by giving effect to conditional order dated 12.6.2024.

¶21

Sd/(JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON

¶22

Abdul Latheef A.P v. The Calicut Co-operative Urban Bank

Case brief

What is this about?

What did the court decide?

Abdul Latheef A.P v. The Calicut Co-operative Urban Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Gireesh Sivasankar versus Sundaram Home Finance Ltd.

G Kamal Chand versus Dbs Bank Limited

Mr.Sivakumar Prop M/s Arul Velava Poultry Farm versus Canara Bank

Rajave Textile Private Limited versus Union Bank of India (Andhra Bank)

R Saranya versus State Bank of India

R Saranya versus State Bank of India