This short order dismisses an appeal by default due to non-prosecution after the tenant-appellant failed to appear or provide representation despite notices. The opposing bank submitted that the premises were already vacated.
No relief granted to the appellant; the appeal is dismissed for non-prosecution.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 21st Day of February, 2025
PRESENT: HON'BLE MR. JUSTICE G. Chandrasekharan
CHAIRPERSON
RA (SA) 41/2024
(Arising out of SA 340/2023 on the file of DRT-III, Chennai)
Between
Syed Ibrahim No.5/17, Flat No.A3, Sri Hari Apartments Delli Street, Periyar Nagar Pammal Chennai – 600 075 …Appellant
And
Counsel for Appellant : Mr.P.J.Rishikesh Counsel for R1 : M/s.Shivakumar & Suresh Counsel for R2 : None
1
ORDER
No representation for the appellant. Ld. Counsel for R1 bank is present.
Ld. Counsel for R1 bank submitted that appellant, who is a tenant, had already vacated the building in his occupation. When the matter was listed for hearing on 07.02.2025, the same representation was made and there was no representation for the appellant on that date as well. Therefore, this matter was listed for dismissal today.
Today also there is no representation for the appellant.
Therefore, in view of the submission made by the Ld. Counsel for the R1 bank that appellant had vacated the building in his occupation and that nothing survives in this appeal and also taking into consideration of the fact that there is no representation for the appellant on 07.02.2025 and also today, this appeal RA (SA) 41/2024 is dismissed for non-prosecution.
Sd/-
[Justice G. Chandrasekharan] CHAIRPERSON
2
Syed Ibrahim
The Authorized Officer IDBI Bank Limited Saidapet Branch
Mr.R.Srinivasan
G. Chandrasekharan
As recorded by the court registry
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