The recovery appeals tribunal rejected an appeal and dismissed a waiver application because the appellants failed to comply with conditions regarding filing writ petitions and securing favorable orders from the High Court of Bombay before seeking further time.
Waiver application dismissed; Appeal rejected; Pending list applications closed.
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.
recovery.appeLlatb tribunalMUMBAI (SITTING AT -CHENNAI):
.Regular ,Appeal:.Dy. No-. 28i/.2O25
| Datte:d:,24-!04.2p25- The matter is.taken;up:for hearing b Praecipe Tiled by the. Respondent inst see'kihg.urgehtTeiief. When the matter is taken up; Learn ‘for Petitibners/Appellahts submit |
y way of .a itution for ed Cdphscl ted that |
|---|---|
| Petitidncrs/Appellahts filed Writ; pe ■2533/2.025 challenging^ the order pass |
.titi'bn No. ed :by this |
| 1'22/2025 on 1.9^02.2025;. Writ Petition on 09.04.2025 .and 23'.04.-2'025. On dates, Writ. Petition was not. taken up Tribunal in Waiver Application in |
was listed both these by Hpn’ble, l.A, No. |
| Learned Counsel, for Respondent : opposed, this adjourrirnent. High Court of Bombay and order co secured, and thus; seeks one more adjo '.Mere filing of Writ Petition before H r»’ |
Institution uld not be urnment oh’ble-High |
| ‘Court is not enough for giving |
repeated |
| adjournments. Sufficient, time was | given for Saw'*] |
I I
1 i I f I
Petitioners/Appellants to get favourable, order from HonlDle High Court of Bombay. So far, no order is obtained.
In the said circumstances, this Tribunal is not inclined to grant any further adjournment. Therefore, Waiver Application in l.A. No. 122/2025 is dismissed for non-compliance of the condition order dated 19.02.2025. Consequently, the Appeal Dy. No. 281/2025 is rejected. All pending LAs, if any, stand closed. CHAIRPERsMyioRlT, CHENNAI (IN-CHARGE, DRAT, MUMBAI) MKS
3 issues framed by the court
Whether the waiver application can be heard after repeated failures to file writ petitions or obtain orders from the High Court.
Whether the recovery appeal can be allowed given the procedural defaults.
Whether further adjournment can be granted.
Petitioners/Appellants
Respondent
CHAIRPERSON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
