The Debts Recovery Appellate Tribunal dismissed a waiver application filed by appellants for non-compliance with a pre-deposit order of 40% of the claim amount. Consequently, the underlying appeal was rejected.
Waiver application dismissed; appeal rejected due to non-payment of statutory pre-deposit.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 28th of July 2025
PRESENT: Hon’ble Mr. Justice G. Chandrasekharan
CHAIRPERSON
AIR (SA) 127 OF 2025
(Arising out the order in IA 2105 of 2024 in SA 580/2024 on the file of DRT-II, Chennai)
Between
S/o Mr. Thota Narasimhulu,
Both residing at
No. 89, Bank Nagar, Pudhuvasur, Venkatapuram, Alamelumangapuram, Ampuram, Vellore 632 009. ... Appellants
And
Authorized Officer, The South Indian Bank, Regional Office, Chennai. No. 43 Ground Floor, Hameediya Centre, Haddows Road, Nungambakkam, Chennai 600 006. …Respondent Counsel for Appellants : Ms. R. Manimegalai Counsel for Respondent : Ms. Deepa Harigovind
ORDER
This appeal is filed under Section 18 of the SARFAESI Act to set aside the order dated 09.12.2024 in IA No.2105 of 2024 SA No. 580 of 2024 passed by the
Debts Recovery Tribunal-I, Chennai.
No representation for petitioners/appellants.
This matter is coming up today for reporting compliance of statutory deposit.
This Tribunal vide its order dated 26.06.2025 directed the petitioner/appellant to deposit 40% of Rs.24,50,242.18p within a period of four weeks from 26.06.2025 towards pre-deposit and the said period of four weeks had expired on 24.07.2025 and the matter was posted today for reporting compliance.
When the matter is taken up today, it is reported by the Office as well that pre-deposit, as ordered by this Tribunal on 26.06.2025 is not complied with.
Under the circumstances, this application IA 260/2025 (Waiver) is dismissed
for non-compliance of statutory deposit, resulting in rejection of Appeal AIR 127/2022, by giving effect to conditional order dated 26.06.2025.
Sd/-
(JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON
ra
2 issues framed by the court
Whether the appeal should be admitted despite non-compliance with the statutory pre-deposit order.
Whether the appeal arising from a Debts Recovery Tribunal order can be sustained in absentia.
1 provisions across 1 enactments
Mrs. J. Revathy and Mr. Ramesh Babu
Authorized Officer, The South Indian Bank
G. Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
