The DRTA dismissed the waiver application for lack of compliance with a pre-deposit order. Consequently, the pending appeal was rejected without adjudicating on merits due to failure to deposit the statutory amount.
A waiver application was dismissed for non-compliance, leading to the rejection of the pending appeal.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 21st day of November, 2024
PRESENT : HON’BLE MR. JUSTICE G. CHANDRASEKHARAN CHAIRPERSON
IA 394/2024 (Waiver) in AIR (SA) 427/2024 (Arising out of SA 19/2023, On the file of DRT-II, Chennai)
Between
… Appellants
And
Cholamandalam Investment and Finance Company Limited, Represented by its Authorised Officer, Dare House, 2, N.S.C. Bose, Parrys, Chennai – 600 001.
…Respondent
Counsel for Appellants : M/s. G. Pavithra
Counsel for Respondent : M/s. Kishore Balasubramaninan, Gayathri Devi, Anandhi. BB
1
ORDER
This matter is coming up today for compliance of statutory deposit.
This Tribunal vide its dated 6.11.2024 directed the petitioners/appellants to deposit 50% of Rs.1,05,29,479.93p within a period of two weeks from 6.11.2024 towards predeposit and the said period of two weeks had expired on 20.11.2024 and the matter is posted today for reporting compliance.
Ld. Counsel for petitioners/appellants submitted that petitioners/appellants could not comply with the conditional order and sought further time. Ld. Counsel for respondent bank is present.
It is reported by the Office, that pre-deposit, as ordered by this Tribunal on 6.11.2024 is not complied with. As it is a conditional order, request for further time is refused.
Under the circumstances, Application IA 394/2024 (Waiver) is dismissed for non compliance of statutory deposit, resulting in rejection of Appeal AIR (SA) 427/2024, by giving effect to conditional order dated 6.11.2024.
Sd/(JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON
2
1 issue framed by the court
Whether to allow further time for compliance with a conditional order for statutory pre-deposit in a debt recovery appeal.
Syed Faiyaz S A and others
Cholamandalam Investment and Finance Company Limited
G. Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
