The Bench dismissed a misc. appeal seeking restoration of a previously dismissed appeal where the appellants offered only partial payment of the demanded pre-deposit.
Application for restoration of appeal stands dismissed on account of non-payment of the full pre-deposit amount.
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 Misc. Application No.70/2024 (Restoration)
In
(Misc. Appeal on Diary No.1378/2024- Disposed of) Between Nabeel Ebrahim Abbas & Anr. … Appellant/s V/s.
Punjab National Bank & Ors. …Respondent/s Mr Rajesh Nagori along with Mr Archit Virmani, Ms Radhika Kabra i/b M/s. Optimus Legal, Advocates for Appellant. Ms Savita Nangare i/b M/s. Law Focus, Advocate for Respondent No.1.
-: Order dated: 06/08/2024:-
This is an application for restoration filed by the appellants.
The appellants are offering to deposit the 1st instalment of predeposit of ₹1.40 crores which was due and payable on 12.07.2024. It is for non-payment of that amount, that the Appeal was dismissed. The 2nd instalment of Rs.1.40 crores was also due on 02.08.2024 but the appellants are offering to pay the sum of Rs.1.40 crores which was due and payable towards the 1st instalment without paying the full amount of pre-deposit. It is not possible to restore the appeal only on part payment of the pre-deposit. Hence, the application for restoration of appeal stands dismissed.
Nidhi-23
1
1 issue framed by the court
Whether an appeal can be restored on part payment of the required pre-deposit instead of the full amount.
Nabeel Ebrahim Abbas & Anr.
Punjab National Bank & Ors.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
