High CourtsDIVISION BENCH(2017) 04 KAR CK 0021

M/S DEEPAK APPARELS PVT LTD vs CITY UNION BANK LIMITED

Karnataka High Court · Decided on 3 April 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, P S DINESH KUMAR
RESULT
Allowed
CASE NUMBER
392 of 2017 (GM-DRT)

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Judgment

6 paragraphs · 178 words
1.

The Debt Recovery Appellate Tribunal, Chennai, dismissed the appeal filed the writ petitioners in this writ petition, on the ground that they failed to deposit the pre-deposit amount of Rs. 30,00,000/- (Rupees thirty lakh) only within four weeks.

2.

Mr D R Ravishankar, learned advocate for the writ petitioners, submits that the pre-deposit amount of Rs. 30,00,000/- (Rupees thirty lakh) only has, already, been deposited before the appellate tribunal.

3.

Mr Ashok Kumar R, learned advocate for the first respondent and Mr Kaleemulla Shariff, learned advocate for the respondent Nos 2 and 3, jointly, submit that in view of the fact that the pre-deposit amount has, already, been deposited, the appellate tribunal may be requested to reconsider the appeal on merit.

4.

By consent, the order dated December 28, 2016, passed by the Debt Recovery Appellate Tribunal, Chennai, in AIR (SA) 212 of 2016, is set aside. We request the appellate tribunal to consider the appeal on merit, as expeditiously as possible.

5.

The writ petition is allowed.

6.

There will be no order as to costs.