Dismissed

M/s Unify Labs Systems Pvt. Ltd. & Ors. v. Indian Overseas Bank & Anr.

DRAT15 Apr 2025REGULAR APPEAL/190/2018

Case brief

AI extract

What is this about?

Debts Recovery Appellate Tribunal at Chennai dismissed this long-pending appeal for non-prosecution. The appellant's counsel failed to appear on multiple listing dates, including a 'last chance' listing, leading to the dismissal of the appeal against the first respondent bank with costs.

What did the court decide?

Appeal dismissed for non-prosecution with costs of the first respondent bank.

M/s Unify Labs Systems Pvt. Ltd. & Ors. versus Indian… — Banking and Recovery | DRAT (2025)

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

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Dated the 15^th day of April, 2025

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PRESENT : HON’BLE MR. JUSTICE G. CHANDRASEKHARAN

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CHAIRPERSON

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RA (SA) 190/2018 (Arising out of S.A No.446/2017 on the file of DRT-I, Bangalore)

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Between

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M/s. Unify Labs Systems Pvt Ltd., Represented by Managing Director Mr. Srinivasa Naik Nunavathu, 2^nd Floor, 4C Owners Court Compound, Next to Reliance fresh, Kasavarahalli, Off Sarjapura Road, Bangalore – 560 035.

¶8

Mr. Srinivasa Naik Nunavathu, S/o. Sakru Naik Nanavathu, Aged about 44 years, No. 286, Rainbow Residency, Junnasandra Village, Off Sarjapura Road, Cormelram Post, Bangalore – 560 035.

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Mr. Pallam Srikiran, S/o. Pallam Nagabhushanam,

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Aged 43 years, No. 11, Rainbow Residency, Junnasandra Village, Off Sarjapur Road, Carmelram Post, Bengaluru – 560 035.

… Appellants

And

Indian Overseas Bank, Represented by its Authorized Officer, Sunkadakatte Branch, B-9, Janapriya Shopping Complex, No. 77/78 B, Magadi Main Road, Sunkadakatte, Bengaluru – 560 002. 2. Mr. V.V.V. Subba Rao, S/o. V.V. Krishna Rao, Aged 52 years, 245, Laughing Water, Ramagondanahalli, Varthur Main Road, Bengaluru – 560 006.

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Mrs. Prathima, W/o. Sri. V.V.V. Subba Rao, Aged about 43 years, 245, Laughing Waters, Ramagondanahalli, Varthur Main Road, Bengaluru – 560 006.

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(Respondents R2 & R3 Given Up) …Respondents

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Counsel for Appellants : Mr. Sandhya.U.Prabhu Counsel for Respondent : Mr. Y.V. Parthasarathy

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ORDER

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Advocate Shri D. Durairaj representing Ld. Counsel on record for appellants is present. Advocate Shri K.K. Sivashanmugam represented that he has filed vakalath for first respondent bank. However, it is reported by the Office that the same is under return.

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This appeal is posted today for dismissal. Despite that, Learned Counsel on record for appellants is not present and representing counsel seeks an adjournment. It is seen that this appeal is of the year 2018 and is pending without any progress.

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On previous occasion, when the matter was listed for arguments under the caption of ‘last chance’, at request of Ld. Counsel for both sides, matter got adjourned to 26.2.2025. There was no representation for appellants on 26.2.2025, therefore, the matter was ordered to be listed today for dismissal. Even then, Ld. Counsel on record for appellants does not show any interest in arguing this appeal. Therefore, this Tribunal is not inclined to grant any further adjournment.

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In view of the same, this Appeal RA (SA) 190/2018 is dismissed for non prosecution with the costs of first respondent bank.

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Sd/-

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(JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON

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M/s Unify Labs Systems Pvt. Ltd. & Ors. v. Indian Overseas Bank & Anr.

Case brief

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M/s Unify Labs Systems Pvt. Ltd. & Ors. v. Indian Overseas Bank & Anr.

Case brief

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