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

21 paragraphs · 179 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.