Single bench order extending three weeks for pre-deposit in a DRAT appeal. Court directed maintenance of status quo and disposal connected writ petitions.
Time extended for pre-deposit; Status quo maintained; Sale proceedings stayed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2018
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.810 of 2018
and WMP Nos.977 & 978 of 2018
vs.
WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorarified mandamus, calling for the records of the proceedings in AIR No.558 of 2016 order dated 12.09.2017 on the file of the Debts Recovery Appellate Tribunal at Chennai and quash the same and directing the Debts Recovery Appellate Tribunal, Chennai to restore the appeal in AIR No.558 of 2016 and dispose the same in accordance with law.
For Petitioners : Mr.V.T.Gopalan, Sr. Counsel for Mr.K.A.Ramakrishnan
ORDER
(Order of the Court was delivered by S.MANIKUMAR, J)
Though, order of dismissal of AIR No.558 of 2016, is assailed on various grounds, going through the material on record, we are of the view that considering the difficulties expressed by the writ petitioners, in mobilising funds to make pre-deposit of Rs.60 Lakhs with the Registrar of Debts Recovery Appellate Tribunal, Chennai, to be paid in two equated instalments, this Court deems it fit to extend the time by a period of three weeks from today to make the pre-deposit. Accordingly, time to make pre-deposit is extended by a period of three weeks from today. It is made clear that if the deposit, as ordered by this Court, is not complied with, order made today, stands rescinded.
GN(02/02/2018)
2 issues framed by the court
Whether the High Court should extend the time for filing pre-deposit in an appeal before the Debts Recovery Appellate Tribunal.
Whether the High Court should direct the respondent bank to maintain status quo pending the disposal of the appeal.
1 provisions across 1 enactments
M/s. Hydro Chains (P) Ltd. and others
Debts Recovery Appellate Tribunal and Indian Bank
S. MANIKUMAR
V. BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
