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DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 22nd day of November, 2024
PRESENT : HON’BLE MR. JUSTICE G. CHANDRASEKHARAN CHAIRPERSON
IA 574/2023 (Waiver) In AIR (SA) 1541/2023 (I.A.No.2228/2023 in I.A.No.1189/2023 in S.A.No.244/2023 on the file of DRT-Madurai)
Between
K. Ganesan (M/53), S/o. Krishnan, Plot No.54, 55 Salom Cottage, KVR Nagar 2nd Street, Mahalakshmi Nagar, Iyyer Bunglow, Madurai – 625 007.
… Appellant
And
The Authorized Officer, Omkara Assets Reconstruction Private Ltd, No.9, M.P. Nagar, First Street, Kongu Nagar Extn, Tirupur – 641 607.
…Respondent
Counsel for Appellant : M/s. V. Kishore Kumar, S. Sukumar, M/s. S. Prasanth, M/s. M. Mahalakshmi, M/s.M. Dharanipetchiraja & D. Prithviraj
Counsel for Respondent : M/s. V.Kasirajan, S.Dhanapandian & M.Krishna Dath
ORDER
This matter is coming up today for compliance of statutory deposit.
This Tribunal vide its Order dated 7.8.2024 directed the petitioner/appellant to deposit 50% of Rs.32,01,894/- within a period of two weeks from 7.8. 2024 towards pre-deposit i.e. on or before 21.8.2024 and posted the matter on 22.8.2024 for reporting compliance.
It is seen that despite giving several adjournments, pre-deposit is not complied with. It is also reported by the Office, that pre-deposit, as ordered by this Tribunal on 7.8.2024 is not complied with. Therefore, IA 556/2024 filed for extension of time is dismissed.
Under the circumstances, Application IA 574/2023 (Waiver) is dismissed for non compliance of statutory deposit, resulting in rejection of Appeal AIR (SA) 1541/2023, by giving effect to conditional order dated 7.8.2024.
Sd/(JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON
2
K. Ganesan
The Authorized Officer, Omkara Assets Reconstruction Private Ltd
G. Chandrasekharan
As recorded by the court registry
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