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Judgment
M.Duraiswamy, J
Challenging the order dated 06.11.2017 passed in AIR (SA) No.382 of 2017 on the file of the Debt Recovery Appellate Tribunal, Chennai against the order dated 02.06.2017 passed by the Debts Recovery Tribunal-III, Chennai in S.A.No.515 of 2016, the petitioner has filed the above writ petition.
By an order dated 09.10.2017, the Debt Recovery Appellate Tribunal, Chennai, in an application filed for waiver of pre-deposit in I.A.No.1285 of 2017, taking into consideration that the Bank claimed a sum of Rs.8.39 lakhs as on 15.12.2015, called upon the petitioner to make a pre-deposit of Rs.1,00,000/-. Since the petitioner has failed to make pre-deposit as directed by the Debt Recovery Appellate Tribunal, Chennai, the Appellate Tribunal dismissed the appeal in AIR (SA) No.382 of 2017. Now challenging the order dated 06.11.2017 passed in AIR (SA) No.382 of 2017, the petitioner has filed the above writ petition.
Mrs.S.R.Sumathy, learned counsel accepts notice on behalf of respondent No.3.
When the writ petition is taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is willing to comply with the direction of the Debt Recovery Appellate Tribunal within a period of one week.
The learned counsel appearing for the third respondent has no serious objection for the prayer made by the learned counsel for the petitioner.
Considering the submissions made by the learned counsel appearing on either side, in the interest of justice and in order to give an opportunity to the petitioner, we are inclined to permit the petitioner to make a pre-deposit of Rs.1,00,000/- within a period of one week. Accordingly, the petitioner is directed to make pre-deposit of Rs.1,00,000/- (Rupees One Lakh) before the Debt Recovery Appellate Tribunal, Chennai, within a period of one week from the date of receipt of a copy of this order and on making such deposit, the petitioner is also directed to give a notice to the third respondent with regard to the compliance of the order passed by this Court today in the writ petition. Further, on making such pre-deposit, the Debt Recovery Appellate Tribunal, Chennai, is directed to take up the appeal in AIR (SA) No.382 of 2017 and decide the same on merits and in accordance with law.
With these observations, the writ petition is disposed of. No costs. Consequently, W.M.P.No.17792 of 2019 is closed.