The Debt Recovery Appellate Tribunal dismissed a waiver application (IA 314/2022) because the appellants failed to deposit 50% statutory pre-deposit within the mandated two-week period. Consequently, the Tribunal rejected the underlying appeal (AIR (SA) 6/2022).
Application for waiver of pre-deposit dismissed; Appeal AIR (SA) 6/2022 rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 3rd day of December, 2024
PRESENT : HON’BLE MR. JUSTICE G. CHANDRASEKHARAN CHAIRPERSON
IA 314/2022 (Waiver) In AIR (SA) 6/2022
(Arising out of I.A.3156/2021 in S.A.745/2021 On the file of DRT, Coimbatore)
Between
D.no. 9/1-140 A, Subramaniya Nagar,
Pudusampalli, Mettur R.S.,
Mettur, Salem – 636 403.
D.no. 9/1-140 A, Subramaniya Nagar,
Pudusampalli, Mettur R.S.,
Mettur, Salem – 636 403.
… Appellants
And
Branch Office:
Empire Arcade, 3rd Floor, Near New Bus Stand, Salem.
1
Registered Office: 601, 6th Floor, Amiti Building, Agastya Corporate Park, Kamani Junction, Opp. Fire Station, LBS Marg, Kurla, Mumbai, MH – 400 070.
Branch Office at:
Shop No. 356/1, 2nd Floor Empire Arcade, Omalur Main Road, Opp. New Bus Stand, Salem – 636 004.
…Respondents
Counsel for Appellants : M/s. R.K.M. Suresh Counsel for Respondent R1 : None Counsel for Respondent R2 : Set Ex Parte
ORDER
This matter is coming up today for reporting compliance of statutory deposit.
This Tribunal vide its dated 18.11.2024 directed the petitioners/appellants to deposit
50% of Rs.61,12,046/- within a period of two weeks from 18.11.2024 towards predeposit and the said period of two weeks had expired on 02.12.2024 and the matter
was posted to this date for reporting compliance.
2
When the matter is taken up today, it is reported by the Office as well as by Ld. Counsel for petitioners/appellants that pre-deposit, as ordered by this Tribunal on 18.11.2024 is not complied with.
Under the circumstances, this application IA 314/2022 (Waiver) is dismissed for noncompliance of statutory deposit, resulting in rejection of Appeal AIR (SA) 6/2022, by giving effect to conditional order dated 18.11.2024.
Sd/(JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON
3
1 issue framed by the court
Whether the appellants had complied with the statutory deposit order of 18.11.2024.
1 provisions across 1 enactments
Vinotha.G and V. Gunasekaran
The Authorized Officer, Dewan Housing Finance Corporation Limited
Piramal Capital and Housing Finance Limited
G. Chandrasekharan
As recorded by the court registry
25 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
