Tribunals and CommissionsSingle Bench(2024) 07 DRAT CK 0023

M/s Akshaya Tex Prop. Mr. V.Selvakumar vs Canara Bank

Debts Recovery Appellate Tribunal · Decided on 1 July 2024

HON’BLE JUDGES
S. Ravi Kumar, Chairperson
RESULT
Disposed Of
CASE NUMBER
MA (SA) 48 Of 2023

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Judgment

8 paragraphs · 214 words

S. Ravi Kumar, Chairperson

1.

This Appeal is preferred against an Interlocutory Order dated 18.05.2023 in IA.No.1780 /2022 in S.A. 449 /2022 of DRT, Coimbatore.

2.

Heard both sides.

3.

Advocate for Appellants submitted that the main SA is still pending and Appellants have not complied with the condition imposed by Tribunal below on Interlocutory Order dated 18.05.2023, therefore, the matter may be remitted back for disposal of main SA.

4.

On the other hand, Advocate for Respondent Bank submitted that the Order under challenge is a consent Order, therefore, no Appeal shall lie.

5.

I have perused the material papers including the impugned Order dated 18.05.2023.

6.

Admittedly, SA is still pending and Appellants have not complied with the conditional Order passed on 18.05.2023. It is not in dispute that no stay is in force as on today. Therefore, without going into merits and demerits of the case, I deem it appropriate to direct the Tribunal below to decide the main SA, on merits, in accordance with law, without being influenced by any of the observations made in the impugned Order dated 18.05.2023, as expeditiously as possible.

7.

With the above observations, Appeal MA (SA) 48/2023 is disposed of. Both parties shall bear their own costs. All pending IAs, if any, stand closed.