(Order of the Court was made by S.MANIKUMAR, J) Vide, proceeding, dated 16/6/2017, made in A.I.R.No.342/16 (MA No.3/2016 in O.A.No.306 of 2014), the Debts Recovery Appellate Tribunal, Chennai, directed the appellants therein, to deposit 25% of the debt amount of Rs.44.41 lakhs, and further, directed the writ petitioners to make pre-deposit of Rs.12 lakhs, with the Registrar of the said Tribunal, out of which Rs.6 lakhs to be paid, within four weeks, from 16/6/2017, as part of first payment and the second part of payment of Rs.6 lakhs to be paid by another four weeks, thereafter.
2. Debts Recovery Appellate Tribunal, Chennai, has also made it clear that in the event of failure of any part of the payment, the appeal would stand dismissed automatically, without further any further reference to the Tribunal. Debts Recovery Appellate Tribunal, Chennai has directed the Registry, to list the matter for confirmation of pre-deposit of first payment of the appellants by 14/7/2017.
3. Conditional order has not been complied with, but challenged in the writ petition. By this time, the appeal would have been dismissed, automatically, without any reference to the orders of the Tribunal. Interim proceeding, dated 16/6/2017, impugned before us, would merge with the dismissal of the appeal. In such circumstances, no purpose would be served in adjudicating the correctness of the interim order.
4. Giving liberty to the writ petitioner, to challenge the final order made in the appeal, writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.
(S.M.K., J.) (V.B.S., J.) 18th September 2017 mvs.
Index : Yes/No Internet : Yes/No To
1. The Debts Recovery Appellate Tribunal, Chennai
2. The Assistant General Manager Indian Overseas Bank Nehru Park Branch 872 Poonamallee High Road Chennai 600 084.
S.MANIKUMAR,J & V.BHAVANI SUBBAROYAN,J mvs.
W.P.No.24920 of 2017 18/9/2017