The debt recovery tribunal dismissed an application filed by the bank seeking release of a pre-deposit, as the appeal had been restored by the High Court, rendering the application infructuous.
Order dated 23.04.2024 dismissing the application as infructuous and allowing respondent to file reply to the appeal.
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. 26/2024
In
(Appeal on Diary No. 2130/2023-Disposed of) Between
Sandip Narendrakumar Patel & Ors. … Appellant/s V/s.
The Authorized Officer, Axis Bank Ltd.
…Respondent/s
Mr. Gajendra Rajput, Advocate for the Appellants appears through Video Conferencing.
An Advocate for the Respondent is present.
-: Order dated: 23/04/2024:-
M.A. No. 26/2024 is an application filed by the Respondent bank for the release of the amount deposited by the Appellants as a pre-deposit for entertaining the appeal.
The appeal was dismissed for not depositing the entire amount and that is when M.A. No. 26/2024 was filed by the bank, as per an order dated 18.04.2024 in Special Civil Application No. 3257/2024, the Hon’ble High Court of Gujarat has granted an extension of time to deposit the balance amount of pre-deposit and has also ordered the appeal to be restored.
Given, the restoration of the appeal, M.A. No. 26/2024 has become infructuous and hence, dismissed.
The Respondent is at liberty to file a reply to this appeal.
The Appeal shall be taken on file.
Post on 08.05.2024 before Registrar.
Interim order if any shall continue.
Sd/-
rm-24
1
Sandip Narendrakumar Patel & Ors.
The Authorized Officer, Axis Bank Ltd.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
