This single-judge bench restored an appeal dismissed for non-payment of balance pre-deposit, allowing ₹9 lakhs payment by RTGS on the day of hearing to defer property possession and proceed on merits.
Restoration of appeal and interim order subject to payment of ₹9 lakhs by RTGS on the day of hearing; deferral of possession.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson M.A. No. 36/2024 (Restoration)
In
(Appeal on Diary No. 2336/2023-Disposed of)
Between
Iswar Vanmalidas Prajapati & Ors. … Appellant/s V/s. The Authorized Officer, …Respondent/s
The Authorized Officer, ICICI Bank Ltd.
Mr. Gaurang Kinkhabwala, i/b Ms. Kanjani Trivedi, Advocate for Appellants.
P. Noopur, Advocate for Respondent appeared through a Video Conference.
The Appellants have filed this application for restoration of the Appeal at Diary No.2336/2023 which was dismissed for default of payment of the balance amount of pre-deposit which was initially to be paid by 11.03.2024 and extended till 19.03.2024. The Appellants could not pay anything towards the said amount which resulted in the appeal getting dismissed on 20.03.2024
1
further indulgence be shown and the appeal may not be restored to file.
The taking over possession of the property shall stand deferred subject to compliance with this order, till the next date of hearing. On deposit of the entire amount, the appeal shall be taken on file provided there are no other defects to be cured.
Post on 06.05.2024 before the Registrar.
Chairperson
psa-25
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1 issue framed by the court
Whether to restore an appeal dismissed for default of payment of pre-deposit pending dispossession of property.
Iswar Vanmalidas Prajapati & Ors.
The Authorized Officer, ICICI Bank Ltd.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
