Appeal for restoration of a default-dismissed appeal after payment of the outstanding pre-deposit amount ordered by the tribunal.
The appeal filed for restoration (M.A. No 87/2024) is allowed. The pre-appeal status quo was maintained.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson
M.A. No 87/2024 In
(Appeal on Diary No.1246/2024 – Disposed of)
Between
Prabhatabhai Rice Mill & Ors. … Appellant/s
V/s.
ICICI Bank Ltd. …Respondent/s
Mr Saurabh Shrivastava (through video-conferencing) along with Mr Shailesh Hemke, Advocate for Appellants.
An Advocate for the Respondent present.
-: Order dated: 03/10/2024:-
This is an application for restoration of the appeal which was dismissed for default for non-payment of pre-deposit amount on time. The total sum of ₹52 lakhs was directed to be paid as a pre-deposit. ₹20 lakhs was directed to be deposited on or before 19.09.2024 and the balance amount of ₹32 was directed to be deposited on or before 03.10.2024. The appellant did not pay the first instalment on time which resulted in the appeal getting dismissed and in consequence, they have filed this application for restoration. When the matter came up for consideration on 23.09.2024, it was directed that ₹32 lakhs which is the balance amount towards payment of pre-deposit should be deposited on or before 03.10.2024 and it is seen that the said direction has been complied with and hence, entire pre-deposit has now been paid.
1
M.A. No. 87 of 2024 is allowed.
The status quo as of date shall be maintained.
The appeal shall be taken on file in case there are no other defects to be cured.
List the matter before the Registrar on 18.10.2024.
Sd/Chairperson
mks-20
2
Prabhatabhai Rice Mill & Ors.
ICICI Bank Ltd.
Ashok Menon
As recorded by the court registry
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