Ms Repute Foods Private Limited and Ors. v. Central Bank of India
Case brief
What is this about?
DTAT dismissed appeal due to unpaid second instalment of pre-deposit despite pending writ, as order was self-working dismissal. No stay obtained.
What did the court decide?
Appeal dismissed for non-payment of pre-deposit instalment.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson Misc. Appeal on Diary No.663/2024
Between
M/s. Repute Foods Pvt. Ltd. & Ors. … Appellant/s V/s.
The Authorized Officer, …Respondent/s Central Bank of India
Ms Neeta Pandit (through video conferencing) along with Mr Parth Turekhia i/b M/s. A.R. Gupta Associates, Advocates for Appellants. Mr R. J. Singh i/b M/s. R.J. Singh & Co., Advocate for Respondent.
-: Order dated: 20/08/2024:-
The 2nd instalment of pre-deposit has not been paid by the appellants on time. It is submitted by the Ld. Counsel appearing for the appellants that a Writ Petition has been filed before the Hon’ble Gujarat High Court challenging the order of this Tribunal. But there is no stay on the order of this Tribunal. Being a self-working order, which states that in case of any default in payment of the instalment of pre-deposit, the appeal would stand dismissed automatically without any reference to this Tribunal. Hence, given the absence of a stay by the Hon’ble Gujarat High Court, the appeal would stand dismissed.
Sd/Chairperson
Nidhi-06
Issues for consideration
1 issue framed by the court
Whether the appeal automatically Upon non-payment of pre-deposit required application to Tribunal.
Parties & counsel
- appellant
M/s. Repute Foods Pvt. Ltd. & Ors.
- respondent
The Authorized Officer, Central Bank of India
Coram
Ashok Menon
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 · Ashok Menon
- Order 2 — this page · Ashok Menon
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