The Debt Recovery Appellate Tribunal dismissed appeal MA 36/2021 for non-prosecution. The appellant sought an adjournment contrary to a prior direction, leading the bench to refuse further time and dismiss the matter.
The appeal MA 36/2021 is 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 36/2021
(IA 170/2008 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 36/2021 is dismissed for non prosecution.
Sd/[Justice S. Ravi Kumar] CHAIRPERSON
2
1 issue framed by the court
Whether the appeal should be dismissed for lack of prosecution.
Mr. S. Ganesh
Indian Bank
M/s Parkway Travels Tours Pvt. Ltd.
Mr. T.G. Mohammed Hussain
Mr. Ashraq Ahmed
Mr. Aijaz Ahmed
S. Ravi Kumar
As recorded by the court registry
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