Debts Recovery Tribunals and Appellate Tribunals

MD Abdulla vs SOUTH INDIAN BANK on 31 December 2024

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

Dated the 31st Day of December, 2024

PRESENT: HON'BLE MR. JUSTICE G. Chandrasekharan CHAIRPERSON

IA 199/2024 (Waiver)

In

AIR (SA) 284/2024

(Arising out of SA 34/2023 on the file of DRT - I, Ernakulam)

Between

M.D. Abdulla, S/o. Ibrahim,

Residing at Berka House,

Bevinja, Chengala P.O.,

Kasaragod District-671541.

…Appellant

And

1. The South Indian Bank Ltd.

Kasaragod Branch,

Golden Arcade,

Near New Bus Stand,

Kasaragod-671 121,

Represented by its Chief Manager.

2. The Authorised Officer / Chief Manager, The South Indian Bank Ltd.

Golden Arcade,

Near New Bus Stand,

Kasaragod-671 121.

…..Respondents

Counsel for Appellants

: M/s.H. Hamza Rawther Associates

Counsel for R1 and R2

: M/s. Ramalingam and Associates

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ORDER

This matter is coming up today for reporting compliance of statutory deposit. This Tribunal vide its order dated 29.11.2024 directed the petitioner/appellant to deposit 25% of Rs.1,45,30,955.12p within a period of four weeks from 29.11.2024 towards pre-deposit and the said period of four weeks had expired on 27.12.2024 and the matter was posted to this date for reporting compliance. When the matter is taken up today, it is reported by the Office as well as by Ld. Counsel for petitioners/appellants, who was present in VC, that pre-deposit as ordered by this Tribunal on 29.11.2024 is not complied with. Ld. Counsel for respondent is present. Under the circumstances, this application IA 199/2024 (Waiver) is dismissed for non compliance of statutory deposit, resulting in rejection of Appeal AIR (SA) 284/2024, by giving effect to conditional order dated 29.11.2024.

Sd/- [Justice G. Chandrasekharan] CHAIRPERSON

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