(Order of the Court was made by S.MANIKUMAR, J) Order impugned in the instant writ petition is as follows:-
http://www.judis.nic.in “I.A.No.971/2015:- Hearing on I.A.971/2015 application for condonation of delay of 10 days in filing of appeal. Cause of delay is shown to be a communication gap between the Postal agency and the appellant and also some negligence due to lack of knowledge. Nothing is on record to controvert the grounds. In view of the fact that appellant is keen and willing to make submissions on merits of the case, hence in facts and circumstances of this matter, appellant deserves for an opportunity of hearing on merits. Hence delay is condoned. I.A.971/2015 is allowed.
I.A.No.404/2017: Heard on I.A.No.404 of 2017 application for waiver.
Appellant is challenging the orders dated 28/7/2015 of DRT-I, Chennai, along with OA of the Bank for recovery of Rs.37,37,912/-. Learned counsel submits that DRT has not given proper opportunity of hearing to her. Considering the provisions of Section 21 of RDDB & FI Act, DRAT cannot entertain the appeal without ensuring the pre-deposit of minimum 25% of the amount. In my opinion also, no case of full waiver is made out nor it is in compliance of the Tribunal also. Accordingly, appellant is directed to make a pre-deposit of Rs.10 lakhs within four weeks. I.A.No.404/2017 is disposed.
List for confirmation of pre-deposit on 12/4/2017.”
2. On behalf of the first respondent Bank, counter has been filed.
3. On this day, when the matter came up for hearing, Ms.B.Manjula, learned counsel for the petitioner seeks permission of this Court, to withdraw the writ petition. Permission is granted.
4. The writ petition is dismissed as withdrawn. No costs.
Consequently, the connected Miscellaneous Petition is closed.
mvs.
http://www.judis.nic.inIndex : Yes/No (S.M.K., J.) (V.B.S., J.) 18th September 2017 Internet : Yes/No
To
1. The Registrar Debts Recovery Appellate Tribunal Ethiraj Salai Egmore Chennai 600 008.
2. The Manager Jammu & Kashmir Bank Ltd 190 Anna Salai Thousand Lights Madras 600 006.
http://www.judis.nic.in S.MANIKUMAR,J & V.BHAVANI SUBBAROYAN,J mvs.
W.P.No.10541 of 2017 18/9/2017 http://www.judis.nic.in