Tribunals and CommissionsSingle Bench(2026) 04 DRAT CK 3053

Salman Kadir Chhaware & Anr. vs The Authorised Officer, Nirmal Urban Co-operative Bank Ltd. & Ors.

Debts Recovery Appellate Tribunal, Mumbai · Decided on 21 April 2026

HON’BLE JUDGES
Vivek Bharti Sharma, Chairperson
CASE NUMBER
I.A. No. 280/2024 (WoD) in Misc. Appeal Diary No. 730/2024

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Judgment

8 paragraphs · 246 words

Vide order dated 25.03.2026 the Appellants were directed to deposit ₹24,17,334/- as per section 18 of the SARFAESI Act and the order stated that if the Applicants/Appellants fail to deposit either of the instalments, the Appeal will stand rejected.

The office report reflects that the UTR of the first instalment does not match and deposit of the 2nd instalment has not been paid with.

Accordingly, the Misc. Appeal Diary No. 730/2024 is dismissed for non-compliance.

All pending I.As., if any stand dismissed.

At this stage, the Learned Counsel for the Appellant appears through Video Conference and submits that the 2nd instalment could not be fully deposited within the stipulated time; that, only ₹5,00,000/-out of ₹12,08,667/- would be deposited. He would further submit that the Appellants had filed an online application seeking extension of time to deposit the balance amount of the 2nd instalment on 15.04.2026.

As stated hereinabove, the Appeal has already been dismissed on the ground that the office report reflects non-deposit of the 2nd instalment and a mismatch of the UTR Number of deposit of the 1st instalment.

It is pertinent to note that vide order dated 25.03.2026 the Learned In Charge Chairperson had specifically directed that in the event of failure to deposit any instalment, the Appeal shall stand dismissed.

In view of the fact that the Appeal has already been dismissed therefore the plea of the Learned Counsel for the Appellants is not maintainable in the eye of the law. Hence, disallowed.