Dr S Manjula v. Canara Bank
Case brief
What is this about?
The Tribunal framed a conditional order requiring the appellant to deposit 50% of the dues and produce an interim order from the High Court challenging this specific direction. The appellant failed to produce the High Court order within the stipulated time despite adjournments and requests, leading to the dismissal of the waiver application and the consequent rejection of the main appeal.
What did the court decide?
Application for waiver of pre-deposit dismissed; Appeal rejected.
IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 10th Day of January, 2025
PRESENT: HON'BLE MR. JUSTICE G. Chandrasekharan CHAIRPERSON
IA 436/2024 (Waiver)
In
AIR 655/2024
(Arising out of OA 972/2020 on the file of DRT - I, Bengaluru)
Between
- Dr.S.Manjula,
- W/o. Dr.Shivakumar B.Muchlambe, House No.19-6-218/4,
Shivanagar North, Bidar – 585 401.
- Dr.Shivakumar B.Muchlambe, S/o.Basappa, House No.19-6-218/4, Shivanagar North, Bidar – 585 401. …Appellants
Issues for consideration
2 issues framed by the court
Whether the appellant's application for waiver of pre-deposit should be allowed given the failure to produce the interim order sought from the High Court within the stipulated timeline.
Whether the appeal should be allowed or rejected in light of the appellant's failure to comply with the Tribunal's conditional order regarding pre-deposit and production of High Court status.
Parties & counsel
- appellant
Dr. S. Manjula and Dr. Shivakumar B. Muchlambe
- respondent
M/s. Canara Bank
Coram
G. Chandrasekharan
Case details
As recorded by the court registry
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