Dismissed

Mr Pareshbhai Lavjibhai Patel v. Capri Global Capital Limited

DRAT8 Apr 2025

Case brief

AI extract

What is this about?

The Debt Recovery Appellate Tribunal allowed the Appellants to withdraw Appeal No. 394/2025. The Tribunal held that the withdrawal request on behalf of the Appellants was supported by counsel's instruction and accepted the permission sought, dismissing the appeal as withdrawn with costs of the Respondent Institution.

What did the court decide?

Appeal Dy. No. 394/2025 is dismissed as withdrawn. All pending IAs, if any, stand closed.

Appeal Dy No. 394/2025 Dated:; 08.04.2025 ' DEBT'RECOVERY APPELLATE TR1BVNAL- 'MUMBAI (SITTING AT -CHENNAI)
1. order, was passed 'in IA 179/2025 in Diaiy Nd. :376/2025 and IA 18.0/2025 in Diary :No. '394/2025 directing the Petitioners/Appellants directing the- This Tribunal,, on r8i!P3.i2025, a .Coninidn
Petitioners/Appellants deposit 25% to' Of.
Rs.9.9,00,000/-, in each of the. Appeals, -i.e.
;Rs.24,7:5,O0O/ on or before 20:0312025 and balance amount of .Rs^S^TySOO/, on or before 11.04.2025, in each of ;the Appeals. This Application .is posted for compliance on 2. in two ihstalenientSj i.e r 16.04.2025. 'Meanwhile, on ,an Application iiled for ,, 10% of Rs.24,75.,000/-, i.e. 'Rs.-2,47,-500,/t to be deppsited,
today. ' advance’ hearing, this Appeal is advanced and. taken Up for hearing on. 03.04.2025, and. posted
;3. Learned Counsel for PetitiOhets/Appellants
Tiled an Affidavit in Appeal (D) No. 394/2025 in

Appeal Dy No. 394/2025
Dated:; 08.04.2025 '

DEBT'RECOVERY APPELLATE TR1BVNAL-
'MUMBAI
(SITTING AT -CHENNAI)

1.
order, was passed 'in IA 179/2025 in Diaiy Nd.
:376/2025 and IA 18.0/2025 in Diary :No. '394/2025
directing the Petitioners/Appellants directing the-
This Tribunal,, on r8i!P3.i2025, a .Coninidn

Petitioners/Appellants
deposit
25%
to'
Of.

Rs.9.9,00,000/-, in each of the. Appeals, -i.e.

;Rs.24,7:5,O0O/
on or before 20:0312025 and balance amount of
.Rs^S^TySOO/, on or before 11.04.2025, in each of
;the Appeals.
This Application .is posted for compliance on
2.
in two ihstalenientSj i.e
r 16.04.2025. 'Meanwhile, on ,an Application iiled for
,, 10% of
Rs.24,75.,000/-, i.e. 'Rs.-2,47,-500,/t to be deppsited,

today.
' advance’ hearing, this Appeal is advanced and.
taken Up for hearing on. 03.04.2025, and. posted

;3. Learned Counsel for PetitiOhets/Appellants

Tiled an Affidavit in Appeal (D) No. 394/2025 in

Securitisation Application No. 274/2024 reques pertnission to withdraw this Appeal for the rea that where there are two suits but one trial and decision, there need not be two Appeals. Learned' Counsel for Respondent Institu 4. opposes this Petition on the ground that, there	ting son one tion are
two properties involved in this case and	two
If this Appea separate prayers are there.	l is
the Appellants withdrawn, then, would	lose
opportunity on contesting the decision in respe the property concerned in this Appeal.	ct of
Heard the submissions of Learned Cou 5. appearing for the parties. Whether to prosecute and not to prosecu 6.	nsel te is
within the discretion of the Appellants. It. app	ears
Appellants, Counsel for that Learned	on
instructions, sought permission to withdraw Appeal.	this
Only for entertaining the Appeal, the 7.	pre
deposit is mandatory and this Tribunal ha	s no
alternative but to accept the permission soug	ht by

Securitisation Application No. 274/2024 reques
pertnission to withdraw this Appeal for the rea
that where there are two suits but one trial and
decision, there need not be two Appeals.
Learned' Counsel for Respondent Institu
4.
opposes this Petition on the ground that, there

ting
son
one
tion
are

two properties involved in this case and

two

If this Appea
separate prayers are there.

l is

the Appellants
withdrawn,
then,
would

lose

opportunity on contesting the decision in respe
the property concerned in this Appeal.

ct of

Heard the submissions of Learned Cou
5.
appearing for the parties.
Whether to prosecute and not to prosecu
6.

nsel
te is

within the discretion of the Appellants. It. app

ears

Appellants,
Counsel
for
that
Learned

instructions, sought permission to withdraw
Appeal.

this

Only for entertaining the Appeal, the
7.

pre

deposit is mandatory and this Tribunal ha

s no

alternative but to accept the permission soug

ht by

the Learried Counsel	for Appellants	to withdraw
:this .Appeal.
8. Accordingly, this dismissed as. withd	Appeal Dy. No. rawn with co	394/2025 is sts of the
Respondent Institutio stand closed.	n. All pending	IAs^ if any,
PAM	chairperson; (iN-CHAROE	.drat, chennai , hRAt-, MUMBAI)

the Learried Counsel

for Appellants

to withdraw

:this .Appeal.

8.
Accordingly, this
dismissed as. withd

Appeal Dy. No.
rawn with co

394/2025 is
sts of the

Respondent Institutio
stand closed.

n.
All pending

IAs^ if any,

PAM

chairperson;
(iN-CHAROE

.drat, chennai
, hRAt-, MUMBAI)

Mr Pareshbhai Lavjibhai Patel v. Capri Global Capital Limited

Case brief

What is this about?

What did the court decide?

Mr Pareshbhai Lavjibhai Patel v. Capri Global Capital Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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