The Debts Recovery Appellate Tribunal at Chennai dismissed an application for waiver of pre-deposit due to the appellant's non-compliance with the statutory deposit order. Consequently, the underlying appeal was deemed rejected.
The application for waiver was dismissed due to non-compliance of statutory deposit; the underlying appeal was rejected.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 9th day of December, 2024
PRESENT : HON’BLE MR. JUSTICE G. CHANDRASEKHARAN
CHAIRPERSON
IA 376/2022 (Waiver) In AIR (SA) 245/2022 (Arising out of I.A.2237/2022 in S.A.No.567/2022 On the file of DRT, Coimbatore)
Between
R. Vanaja, Wife of Ramalingam, No. 144, Thammannan Road, Arisipalayam, Salem – 636 009.
… Appellant
And
The Authorised Officer, Cholamandalam Investment and Finance Company Ltd., Dare House No. 2, N.S.C. Bose Road, Parrys, Chennai – 600 001.
…Respondent
Counsel for Appellant : M/s. M. Abubakkar & G. Sanjeevi Counsel for Respondent R2 & R3 : M/s. Kishore Balasubramanian
ORDER
This matter is coming up today for reporting compliance of statutory deposit.
This Tribunal vide its Order dated 20.11.2024 directed the petitioner/appellant to deposit 25% of Rs.1,04,46,668/- within a period of two weeks from 20.11.2024 towards pre-deposit and the said period of two weeks had expired on 04.12.2024 and
1
the matter was posted to 05.12.2024 for reporting compliance. From 05.12.2024, the matter was reposted to 06.12.2024 and thereafter to this date, for reporting compliance.
When the matter is taken up today, it is reported by the Office, as well as by Ld. Counsel for petitioner/appellant that pre-deposit, asordered by this Tribunal on 20.11.2024 is not complied with. Ld. Counsel for respondent is present.
Under the circumstances, this application IA 376/2022(Waiver) is dismissed fornoncompliance of statutory deposit, resulting in rejection of Appeal AIR (SA) 245/2022, by giving effect to conditional order dated 20.11.2024.
Sd/(JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON
2
R. Vanaja
The Authorised Officer, Cholamandalam Investment and Finance Company Ltd.
G. Chandrasekharan
Chairperson
As recorded by the court registry
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