The Debt Recovery Appellate Tribunal, Chennai, dismissed a waiver application for non-compliance of a pre-deposit order. Consequently, the underlying appeal against a DRT judgment was rejected.
The waiver application IA 657/2024 was dismissed; the underlying Appeal AIR (SA) 1639/2023 was rejected.
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
Dated the 19th day of November, 2024
PRESENT : HON’BLE MR. JUSTICE G. CHANDRASEKHARAN CHAIRPERSON
IA 657/2024 (Waiver) In
AIR (SA) 1639/2023 (Arising out of S.A.254/2022 On the file of DRT-II, Ernakulam)
Between
… Appellants
And
…Respondents
1
Counsel for Appellants : M/s. Hamza Rawther Associates Counsel for Respondents : M/s. N. Somasundaar, N. Geetha & S.Balaji
ORDER
This Tribunal vide its dated 1.11.2024 directed the petitioners/appellants to deposit 25% of Rs.6,54,84,836/- within a period of two weeks from 1.11.2024 towards predeposit and the said period of two weeks had expired on 18.11.2024 and the matter is posted today for reporting compliance.
There is no representation for petitioners/appellants today. It is reported by the Office that pre-deposit, as ordered by this Tribunal on 1.11.2024 is not complied with.
Under the circumstances, this application IA 657/2024 (Waiver) is dismissed for non compliance of statutory deposit, resulting in rejection of Appeal AIR (SA) 1639/2023, by giving effect to conditional order dated 1.11.2024.
Sd/(JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON
2
1 issue framed by the court
Whether the appeal should be admitted given the failure to make the statutory pre-deposit ordered by the Tribunal.
M/s. Iqra Educational and Charitable Trust
Hamsa K.S.
Naseema Hamsa
Punjab National Bank
G Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
