Debts Recovery Appellate Tribunal allowed an application for refund of predeposit dismissed for default. Court held no lien attached and ordered refund upon receipt.
Refund of predeposit amount to the 2nd appellant upon receipt of proper acknowledgement.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson M.A. No. 114/2024 (Refund) In
(Appeal on Diary No. 1584/2023-Disposed of)
Between
Apna Sahakari Bank Ltd. & Ors. …Respondent/s
Mr Raj Dani, Advocate for Appellants.
Mr Nikhil Rajani (through video-conferencing) along with Ms Shobha Chavan i/b M/s. V. Deshpande & Co., Advocates for Respondent No. 1.
The matter is taken up for hearing by way of a praecipe filed by the appellants for seeking urgent relief.
The appellants have filed this application for a refund of the predeposit. The appeal was dismissed for default of non-deposit of the balance amount. An application has now been filed to refund the appellants' amount. The respondent has appeared and objected to the application. The Ld. Counsel appearing for the respondent bank submits that the appellants have been protected for some time and have therefore, protracted the proceedings of recovery and hence, cost may be imposed on them.
Given the settled position, since there is no lien or attachment on the amount, the amount shall be refunded to the 2nd appellant on proper
1
acknowledgement.
The Miscellaneous Application is allowed.
Sd/Chairperson
nrp- 06
2
Apna Sahakari Bank Ltd. & Ors.
Mr Raj Dani, Advocate
Nikhil Rajani
Ms Shobha Chavan
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
