This court allowed an application seeking relief from depositing the full Rs. 1 crore security. It directed the applicant to deposit Rs. 50 lakh by 24.01.2024 and the remaining Rs. 50 lakh by 29.01.2024 to maintain the interim order.
Directed deposit of Rs. 50 lakh by 24.01.2024 and remaining Rs. 50 lakh by 29.01.2024 to maintain interim order.
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.
WMP No.1556 of 2024 in W.P.No.1099 of 2024
W.M.P.No.1556 of 2024 in W.P.No.1099 of 2024
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(Order of the court was made by the Hon'ble Chief Justice)
We have heard Mr.Om Prakash, learned Senior Counsel for M/s.D.Kamachi, learned counsel for the applicant.
present.
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WMP No.1556 of 2024 in W.P.No.1099 of 2024
applicant could garner only Rs.50.00 lakh [Rupees Fifty Lakh only] and the demand draft for Rs.50.00 lakh [Rupees Fifty Lakh] is also prepared for deposit with the bank in a no lien account and requires one week time to deposit the further Rs.50.00 lakh [Rupees Fifty Lakh only].
submits that the property is already sold.
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WMP No.1556 of 2024 in W.P.No.1099 of 2024
we direct the applicant to deposit Rs.50.00 lakh [Rupees Fifty Lakh only] by tomorrow (23.01.2024) with the Debt Recovery Appellate Tribunal in the pending SA and another sum of Rs.50.00 lakh [Rupees Fifty Lakh only] on or before 29.01.2024. If the deposit as directed is made, the interim order passed on 18.1.2024 shall continue. If the deposit as directed is not made, then the interim order shall axiomatically stand vacated.
(S.V.G., C.J.) (D.B.C., J.) 22.01.2024
bbr
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WMP No.1556 of 2024 in W.P.No.1099 of 2024
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.,
bbr
W.M.P.No.1556 of 2024 in W.P.No.1099 of 2024
22.01.2024
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2 issues framed by the court
Whether to relax the deadline for deposit of security of Rs. 1 crore given financial difficulties.
Whether to maintain the interim order of status quo upon partial deposit.
M/s. D. Kamachi
The Bank
THE HON'BLE CHIEF JUSTICE
D.BHARATHA CHAKRAVARTHY,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
