The Tribunal granted the appellants an extension of time to pay the balance pre-deposit of ₹2 crores until 18.06.2024, noting strict consequences for further default, despite prior delays and pending writ petitions.
Time granted till 18.06.2024 to pay balance ₹2 crores; no further extension if non-payment; appeal dismissed if amount not paid.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson I.A. No. 381/2024(EoT)
Appeal on Diary No. 150/2023 Between
M/s. B.J. Grain & Ors. … Appellant/s V/s.
Bank of Baroda …Respondent/s Ms. Sanjana Ghogare, Advocate for Appellants. -: Order dated: 05/06/2024:-
The appellants have filed this application for an extension of time to make the pre-deposit directed to be paid yesterday i.e. on 04.06.2024. ₹ 2.5 crores by way of pre-deposit was directed to be paid. However, the appellants could not pay that amount and have only deposited ₹ 50 lakhs and filed this application for an extension of time. The appellants have asked for six weeks to pay the balance amount. 2. In the meanwhile, the order of this Tribunal dated 14.05.2024 was also challenged before the Hon’ble High Court of Bombay, Nagpur bench by filing Writ Petition No. 3262/2024 which was dismissed and therefore, the Appellants are bound to pay and make the payment of ₹ 2.5 crores as directed but the appellants plead that they are to get a sum of ₹ 54 crores from Maharashtra State Excise Department and that they would be paying the entire amount soon on receiving that amount. They have also produced documents to indicate that there was also a direction by the Hon’ble High Court of Bombay concerning payment to be made to the appellants and hence, the appellant seeks six six-week extension to pay the amount.
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clear that there would not be any further extension in case of nonpayment of the amount the appeal shall stands dismissed.
Post on 19.06.2024 for reporting compliance.
Sd/Chairperson
rm-12
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1 issue framed by the court
Whether the appellants are entitled to an extension of time to pay the balance pre-deposit amount.
M/s. B.J. Grain & Ors.
Bank of Baroda
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
