Debts Recovery Tribunals and Appellate Tribunals
MAA GANGA BACK WORLD vs CANARA BANK on 19 July 2022
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CONTD. ORDER.SHEET DATE REMARK MA 07 t22 't9t07 /2? DESCRIPTION OF THE ORDER Shri Nasir Ahmed, Adv for the Appticants Shri Ashish Dixit, Adv for the Non- Applicant lA No.755122 dated cons'ideration. 05105/22 is taken up for Applicant Counsel by inviting attention of this Bench on order dated 28104/22 passed by this Tribunat submits that as per direction under para-8 of the order, the appticants have deposited Rs.2,50,000/- with the Respondent-Bank though has not deposited titt 04/05122 but has deposited on24105127 Rs.'1,50,000/- and further amount Rs.1,00,000/- on 25105172 and atso prays for registration of the main 5A as per order dated 28/04/22. Respondent counset by taking objection submits that since the appticants have not deposited ordered amount on or before 04/05122 therefore applicants coutd not taken advantage of the order dated 28104/22 which is peremptory order and atso submits that since the appticants have not deposited amount within time fixed by this Tribunal therefore SA shoutd not be restored, On the other hand Appticant CounseI by inviting attention of this Bench on Para-8 of the order submits that though the TribunaI has ordered to deposit amount Rs.2,50,000i - for restoration of the dismissed 5A as condition present but has not fixed any time limit for depositing the amount. Appticant Counsel atso submits that which direction is given under para-11 that is in regards to Bank is free for taking action after 04/05/22 therefore objection raised by the Respondent Counsel is futile. After hearing both the counsels and on perusal of order daled 28/04122 in opinion of this Bench since applicants are atready deposited Rs.2,50,000/- therefore they deserves opportunity of hearing on dismissed SA No.55/20. Prayer of Appticant Counsel is atlowed. Appticants are directed to fite depositing receipts with the registry and the registry is directed to restore the dismissed SA No.55/20 and be Iisted for further hearing. PAGE No. CASE No.
CONTD. ORDER-SHEET DATE PAGE No CASE No REMARK DESCRIPTION OF THE ORDER This A4A is disposed of accordingty may tag with SA. (Ram Niwas Patet) Presiding officer