Tribunals and CommissionsSingle Bench(2023) 02 DRAT CK 0021

Mr. Sachin Choudhary & Anr vs Cholamandalam Investment and Finance Company Ltd. & Anr

Debts Recovery Appellate Tribunal · Decided on 20 February 2023

HON’BLE JUDGES
R. D. Khare, Chairperson
RESULT
Disposed Of
CASE NUMBER
Appeal Dy. No. 200 Of 2022

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Judgment

6 paragraphs · 275 words

R. D. Khare, Chairperson

Heard the learned counsels for the parties on the I.A. No. 136/2022 being delay condonation application.

Learned counsel for the appellant submits that there is no delay in filing the present appeal, as the matter is squarely covered by a judgment dated 10.01.2022 passed by the Hon’ble Apex Court in Suo-Moto writ petition (C) No. 3 of 2020, therefore, it is prayed that the delay, if any, may be condoned.

Learned counsel for the respondents has no objection to the prayer of the counsel for the appellant, but the learned counsel submits that the present appeal has been filed against an interim order, therefore, the appeal may be disposed off with direction to the Tribunal below for deciding the S.A. within the time as stipulated by this Hon’ble Tribunal.

Learned counsel for the appellant agrees to the submission of the learned counsel for the respondent, but he prays that till the disposal of the S.A., the interim protection may be granted to the appellant.

In view of the submissions made by the learned counsels for the parties, the application for condonation of delay is allowed and the delay occurred in filing the present appeal is condoned. As prayed, the present appeal stands disposed off with direction upon the Tribunal below to decide the S.A. No. 531/2021 most expeditiously preferably within two months from the date of production of certified copy of this order. All the parties are directed to maintain the status quo with regard to the property in question as it exists today till the disposal of the S.A. or till the aforementioned period as directed above, whichever is earlier.