The Debt Recovery Appellate Tribunal at Chennai dismissed an application for waiver of pre-deposit under Order 41A of CPC, due to the appellants' failure to deposit the required 25% amount, resulting in the rejection of the underlying appeal.
Application for waiver of pre-deposit dismissed; underlying appeal rejected.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
Dated the 23rd day of April, 2025
PRESENT: HON’BLE MR. JUSTICE G. CHANDRASEKHARAN CHAIRPERSON
IA 730/2024 (Waiver)
In
AIR (SA) 1045/2023 (Arising out of TSA 93/2023 on the file of DRT - II, Chennai)
Between
And
M/s. Repco Home Finance Limited, Re. by its Authorized Officer, The Chief Manager, Having Office at Plot No.4055, U Block No.10, 1st Floor, Opp. Punjab National Bank 4th Main Road, Anna Nagar west, Chennai – 600 040. …Respondent Counsel for Appellants : Mr.M.Saravanakumar Counsel for Respondent : Mr.A.Ilangovan
1
ORDER
Ld. Counsel for both sides are present.
This matter is coming up today for reporting compliance of statutory deposit.
This Tribunal vide its order dated 24.03.2025 directed the petitioners/appellants to deposit 25% of Rs.96,93,185/- within a period of four weeks from 24.03.2025 towards pre-deposit and the said period of four weeks had expired on 21.04.2025 and the matter was posted to this date for reporting compliance.
When the matter is taken up today, it is reported by the Office as well as by Ld. Counsel for petitioners/appellants that pre-deposit, as ordered by this Tribunal on 24.03.2025 is not complied with.
Under the circumstances, this application IA 730/2024 (Waiver) is dismissed for noncompliance of statutory deposit, resulting in rejection of Appeal AIR 1045/2023, by giving effect to conditional order dated 24.03.2025.
Sd/-
(JUSTICE G. CHANDRASEKHARAN) CHAIRPERSON
2
1 issue framed by the court
Whether to waive pre-deposit order despite non-compliance by appellants.
Mrs. R.Anitha W/o. R.Sathyavelu
Mr.R.Sathyavelu
R.Logesh
M/s. Repco Home Finance Limited
G. CHANDRASEKHARAN
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
