Tribunals and CommissionsSingle Bench(2022) 11 DRAT CK 0019

Shri Premkumar Devandas Kishnani vs Canara Bank & Ors

Debts Recovery Appellate Tribunal · Decided on 3 November 2022

HON’BLE JUDGES
Ashok Menon, Chairperson
RESULT
Dismissed
CASE NUMBER
I.A. No. 541 Of 2022 (WoD) In Appeal on Diary No. 1105 Of 2022

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Judgment

6 paragraphs · 235 words

Ashok Menon, Chairperson

1.

This is an application for waiver of deposit under Sec. 21 of the RDB Act. The Appeal arises from an interlocutory order dated 04.10.2022 passed in I.A. No. 1420/2022 in Appeal No. 8 of 2020 on the files of D.R.T.-II Mumbai, under Sec. 30 of the RDB Act in which the Ld. Presiding Officer had refused to extend the status quo order which was in place till that date. While considering the application for waiver of deposit by this Tribunal yesterday, it was informed that the matter has already been heard and taken for orders, and the order in all likelihood may be pronounced today. Hence, the matter is taken up today.

2.

Today, the Ld. Counsel appearing for both sides submitted across the Bar that the Ld. P.O. has dismissed the Appeal.

3.

Under the circumstances, this Appeal challenging the refusal to extend the status quo order has now become infructuous. Therefore, the Appeal as well as an application for waiver will have to be dismissed. Mr Kinkhabwala requested that the Appellant may be granted some interim relief against the impending measures to be taken against the subject properties.

4.

The only option left to the Appellant is to approach this Tribunal in Appeal challenging the order in Appeal which went against him.

5.

Appeal at the Lodging stage, and all applications including I.A. No. 541 of 2022 stand dismissed.