The DrAT dismissed Appeal MA 35/2021 for non-prosecution after the appellant repeatedly sought adjournments without evincing interest despite warnings. The chairperson expressed disinclination to grant further time.
The appeal was dismissed for non-prosecution.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 18th day of January, 2024
PRESENT: HON'BLE MR. JUSTICE S.RAVI KUMAR CHAIRPERSON
MA 35/2021
(IA 169/2008 in OA 420/2001 n the file of DRT-II, Chennai)
Between
Mr. S. Ganesh
No.31, 3rd Street, Beach Home Avenue, Besant Nagar, Chennai 600 090.
…Appellant
And
R4 to R6, the sons of T.G. Md. Hussain are residing at:
No.9, Molony Road,
T. Nagar, Chennai 600 017.
Represented by its Manager, Mount Road Branch, Chennai . ……Respondents
1
Counsel for Appellant : M/s G.R. Lakshmanan & Co. Counsel for R1 Bank : M/s Anand, Samy & Dhruva Counsel for R2 to R7 : None
ORDER
Ld. Counsel for appellant sought further time. Ld. Counsel for R1 Bank reported ready.
This matter is coming up for arguments since 3.11.2023 under the same caption of ‘no further adjournment will be granted’. In spite of that, no interest is evinced by appellant to prosecute the case and further time is sought. Advocate for R1 bank opposed to grant of any further adjournment.
Today also, same reason which was represented on 15.12.2023 is made for further adjournment. I am not inclined to grant any further time.
Therefore, Appeal MA 35/2021 is dismissed for non prosecution.
Sd/[Justice S. Ravi Kumar] CHAIRPERSON
2
2 issues framed by the court
Whether the appeal filed by Mr. S. Ganesh should be disposed of in the absence of the appellant.
Whether further time should be granted to the appellant for prosecuting the appeal.
Mr. S. Ganesh
Indian Bank
M/s Parkway Travels Tours Pvt. Ltd.
Mr. T.G. Mohammed Hussain
Mr. Ashraq Ahmed
Mr. Asrar Ahmed
S. Ravi Kumar
As recorded by the court registry
17 orders share this CNR
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