DRTA Chennai dismissed an admission for waiver amid non-prosecution, ruling the appeal dismissed due to default and non-appearance of the appellant's counsel.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 4th Day of February, 2025
PRESENT: HON'BLE MR. JUSTICE G. Chandrasekharan CHAIRPERSON
IA 375/2023 (Waiver)
In
AIR (SA) 1159/2023
(Arising out of TSA 31/2023 on the file of DRT-III, Chennai)
Between
A.Saravanan, S/o. Arumugam, Flat No.B1 & C1, 1st Floor, PS Annamalai Homes, Door No.25-A, Annamalai Avenue III, Jaswanth Nagar Phase II, Mogappair West, Chennai – 600 037
Also at: A.Saravanan, S/o. Arumugam, Plot No.52, Centurian Nagar, Ayanambakkam, Chennai – 600 095. …Appellant
And
M/s. Orix Leasing & Financial Services India Limited, Registered Office at: Plot No. 94, Marol Cooperative Industrial Estate, Andheri Kurla Road, Andheri East, Mumbai – 400 059. Branch Officer at: SP4, SIDCO Thiru Vi Ka Industrial Estate, Guindy, Chennai – 32 Rep. by Power of Attorney D. Gopinath …..Respondent
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Counsel for Appellant : Mr.M.Gopi Counsel for Respondent : Mr.S.K.Mariyappan
ORDER
No representation for the petitioner/appellant. Ld. Counsel for respondent is present.
There was also no representation for the petitioner on 18.12.2024 and at the request of Ld. Counsel for petitioner, the matter got adjourned on several occasions.
In the said circumstances, this IA 375/2023 (Waiver) is dismissed for default and non-prosecution, resulting in rejection of the Appeal AIR (SA) 1159/2023.
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1 issue framed by the court
Whether the appeal which arose out of DRT proceedings should be allowed in absence of respondent’s presence?
A. Saravanan
M/s. Orix Leasing & Financial Services India Limited
G. Chandrasekharan
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
