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Judgment
Ashok Menon, Chairperson
The matter is taken up for hearing by way of praecipe dated 25.04.2023 filed by the Appellant for seeking urgent relief.
This is an appeal filed by the Bank aggrieved by the orders passed by the Ld. Presiding Officer, Debts Recovery Tribunal-II, Mumbai (D.R.T.), on 05.04.2023. A request was made by the Ld. Counsel appearing for the Applicants seeking an adjournment of S.A. No. 33 of 2023 and the matter stands posted to 19.04.2023. The Ld. Counsel appearing for the Appellant submits that as per the joint pursis filed by the parties a sum of ₹1 crore was to be paid on or before 31.03.2023 but that joint consent filed by the parties did not stand complied on 05.04.2023. On that date, the matter was again adjourned to 19.04.2023. The Ld. Counsel appearing for the Appellant submits that since the dates were agreed to by the parties by mutual consent, the Tribunal is powerless to grant a further adjournment exercising jurisdiction under Sec. 148 of the Code of Civil Procedure or under Sec. 62 of the Contract Act. Hence this appeal.
It is to be noticed that the Ld. Presiding Officer has not granted an extension of time to pay the amount as contended. The matter is simply adjourned to 19.04.2023 for compliance, and therefore, there is no reason for the Appellant to be aggrieved by that order. In case an application for extension is filed by the parties seeking, the same shall be considered on its merits and disposed of by Ld. Presiding Officer.
With this observation, the appeal along with the application is disposed of.