Minal T kamble v. Hdfc Bank
Case brief
What is this about?
On a bankruptcy recovery appeal involving a petitioner doctor and respondent bank, the Debts Recovery Appellate Tribunal dismissed the appeal for non-payment of the second instalment of the ordered pre-deposit filed within the stipulated time. The appellant was discharged after failing to cure the default.
What did the court decide?
The appeal was dismissed as the appellant failed to comply with the direction to pay the pre-deposit.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Appeal on Diary No. 291/2024 Between
Dr. Minal T Kamble … Appellant/s
V/s.
HDFC Bank Ltd. …Respondent/s
Mr. Rishabh Shah, along with Mr. Anshul Anjarlekar, i/b M/s. Raval-Shah & Co., Advocate for Appellant.
Mr. Dipali Jadhav, i/b M/s. SC Legal, Advocate for Respondent.
-: Order dated: 15/04/2024:-
The Appellant was directed to deposit ₹ 2 Crore as pre-deposit vide order dated 01.03.2024 in three instalments. The Appellant had sought an extension of time and vide order dated 01.04.2024 an extension of time was granted to pay the balance towards the 1st instalment. The balance due towards the 1st instalment has been completely paid but the 2nd instalment which was due and payable on 12.04.2024 was not paid.
- The Ld. Counsel appearing for the Appellant has sought to be discharged and hence, therefore discharged. The Appellant present in person is permitted to make her submission and was heard in detail. She has come up with explanations about her difficulties in raising the amount.
Issues for consideration
1 issue framed by the court
Whether the appeal to be dismissed for non-compliance with the tribunal's direction to make a pre-deposit.
Parties & counsel
- appellant
Dr. Minal T Kamble
- respondent
HDFC Bank Ltd.
Coram
Ashok Menon
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court