On appeal disposed, the appellant sought withdrawal of the pre-deposit amount. The court allowed the application and ordered return of the deposit with accrued interest to the specified appellant.
Withdrawal of the pre-deposit amount together with accrued interest to be returned to Appellant No. 4 upon proper acknowledgement.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson M.A.No. 79/2024(Refund of Deposit)
(Misc. Appeal No. 22/2024-Disposed of) Between M/s. Woodman Veneers Pvt. Ltd. & Ors. … Appellant/s
V/s.
The Authorized Officer, …Respondent/s
HDB Financial Services Ltd.
Mr. Gaurang Kinkhabwala, i/b Ms. Kanjani Trivedi, Advocate for Appellants.
Mr. Padmakar Garad, i/b M/s. SG Legal & Associates, Advocate for Respondent appeared through Video Conferencing.
-: Order dated: 06/09/2024:-
The matter is taken up for hearing by way of a praecipe filed by the appellants seeking urgent relief.
This is an application filed by the appellants for withdrawal of the pre-deposit amount which was deposited for entertaining the appeal. The appeal has since been disposed of.
The Ld. Counsel appearing for the respondent vehemently opposes this application stating that there are huge arrears to be paid but given the settled position, the amount lying in pre-deposit has to be returned to the appellants at the time of disposal of the appeal.
Hence, the application is allowed and the amount lying in the deposit together with the accrued interest shall be returned to the appellant No. 4 on proper acknowledgement.
rm-4
1
M/s. Woodman Veneers Pvt. Ltd. & Ors.
The Authorized Officer
HDB Financial Services Ltd.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
