Debts Recovery Tribunals and Appellate Tribunals
M/s. Devgiri Sahakari Sakhar Karkhana Limited vs International Asset Reconstruction Co Pvt Ltd on 3 November 2021
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
[APK] (Appeal (IR) No.167/2020, 168/2020) Page 1 of 1
03.11.2021
Sr. No.25 & 26 Appeal (Diary) Nos.167/2020 & 168/2020
Classific
ation
No. of
Exh.
COMMON ORDER IN
APPEAL (Diary) No. 167/2020
Deogiri Sahakari Sakhar Karkhana Ltd.
..Appellant
Versus
Inter Assets Reconstruction Co. Ltd. &
Others.
..Respondents
Mr. K.J. Suryawanshi – Advocate for the appellant Mr. K.B.Deshpande – Advocate for the respondent nos.2 & 3.
Mr. S.V. Adwant – Advocate for respondent-IRC.
AND
APPEAL (Diary) No.168/2020
Jagannath Vaijanath Kale
..Appellant
Versus
M/s. Deogiri S.S.K. Ltd. Phulambri &
others
..Respondents
Mr. M.R. Sonawane – Advocate for appellant Mr. K.B.Deshpande – Advocate for the respondent nos.3 & 4.
Mr. K.J. Suryawanshi – Advocate for Official Liquidator.
Mr. S.V. Adwant – Advocate for respondent-IRC.
None for respondent no.5
Due to Covid 19 situation the matter is taken through Video Conference.
1. In both these appeals, the pre-deposit is not being made by the respective appellants claiming themselves to be the third party.
2. The matter was argued at length. The Tribunal is of the opinion that the appellants are not the third party and they have got the interest in the property thus pursuing the matter.
3. It was indicated to the appellants in both the appeals that IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
[APK] (Appeal (IR) No.167/2020, 168/2020) Page 2 of 1
if they wish, they can jointly make the pre-deposit, which the counsels of the appellants have refused.
4. On instructions the counsels for the appellants submits that they are not ready to make a pre-deposit and as such they do not want to make a pre-deposit.
5. Once Tribunal has come to conclusion that the Appellants are not third party then they have comply with the condition of pre-depost and without making pre-deposit the appeals cannot be registered.
6. In view of the above, I pass the following order through video conferencing:
Citations and Judicial Treatment
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Cites
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Overruled / Questioned
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No negative treatment found
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ORDER
A. The Appeal (Diary) Nos. 167/2020 & 168/2020 stands dismissed for want of pre-deposit. B. It is made clear that, if within one month from the date of passing of this order if the appellants choose to make a pre-deposit, they can move an application for revival of the proceedings. C. True copy of this order be kept with Appeal (Diary) No.168/2020. D. Files be consigned to the record room.
(Vimal Gupta)
Presiding Officer
Debts Recovery Tribunal, Aurangabad