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Judgment
ORDER
This matter is taken up on urgent mentioning.
Learned Counsel for Petitioners/Appellants submitted that in Appeal No. 3/2026 pending before DRT-II, Chennai, they filed IA 894/2026 for urgent hearing, IA 895/2026 for stay of all further proceedings, and IA 896/2026 for redemption. The Learned Presiding Officer passed an order on 15.06.2026 allowing the Urgent Application and ordered issuance of notice to the Respondent in IA 895/2026 and IA 896/2026 on 30.06.2026.
On 24.06.2026, the Petitioners/Appellants filed IA 1004/2026 for advancing the hearing from 30.06.2026 to an earlier date, but that Application was dismissed. Thereafter, Appeal No. 03/2026 was heard on 30.06.2026 and the Learned Presiding Officer posted the matter for orders on 27.07.2026.
This Appeal is filed against the order passed on 15.06.2026 in IA 895/2026. The proceedings dated 15.06.2026 was only for ordering notice to the Respondent. It is not an order deciding the stay Application, either allowing or dismissing it. This Tribunal does not understand how an Appeal can be maintained against the proceeding ordering notice to the Respondent. That apart, it appears from the proceeding dated 30.06.2026, Appeal No. 03/2026 was heard and posted for orders on 27.07.2026. Therefore, this Tribunal is of the view that the Appeal filed itself is not maintainable.
On the information given by the Learned Counsel for the Petitioners/Appellants and on the instructions given by the Respondent, Learned Counsel Mr. R. Gauthamanarayanan appeared, and submitted that, before the Recovery Officer, a Demand Draft (DD) for Rs.51.40 Lakhs, taken in the name of Bank was produced, and later it was cancelled, and the DD was taken in the name of Registrar, DRT-II, Chennai. The Petitioners/Appellants are not interested in settling the claim and the sympathy shown to the Petitioners/Appellants is misused.
Be that as it may, the settlement dispute is left open to both the parties. This Tribunal does not want to say anything on that. As observed above, since this Appeal is filed against a non-appealable order, the Appeal is dismissed. The waiver amount, if any, deposited, is ordered to be refunded to the Petitioners/Appellants. No costs. All pending IAs, if any, stand closed.