The Appellate Tribunal disposed of the refund miscellaneous appeal after the respondent did not appear, allowing the claim for release of the deposited amount with accrued interest.
Release of the deposited amount together with accrued interest to the 1st appellant.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson M.A. No.82/2024 (Refund)
In
(Misc. Appeal No.127/2024 – Disposed of)
Between
Prajakta Makarand Patil & Anr. … Appellants/s V/s.
Encore Asset Reconstruction Co. Pvt. Ltd. …Respondent/s
Mr Alok Mishra (through video-conferencing) and Ms Sejal Tambe, Advocate for Appellants.
The appellants have filed this Misc. Application for the release of the pre-deposit amount. The notice has been served on the respondent but none appeared. Hence, it is assumed that there is no objection from the respondent in disposing of the application. The Appeal is already been disposed of, hence the application is allowed and the amount deposited together with the accrued interest shall be released to the 1st appellant on proper acknowledgement.
Nidhi-24
1
1 issue framed by the court
Whether the pre-deposit amount combined with accrued interest should be released to the appellant upon disposal of the appeal.
Prajakta Makarand Patil & Anr.
Encore Asset Reconstruction Co. Pvt. Ltd.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
