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Madras High CourtCRP/2720/2017dismissed

M. Chandra Rao v. The Authorized Officer

2017-09-22Honourable Mr Justice S. Manikumar,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22/9/2017 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Civil Revision Petition Nos.2720 and 2721 of 2017

1. Mr.M.Chandra Rao

2. Mrs.Vaithegi ...

Petitioners in both CRPs Vs The Authorised Officer Central Bank of India Nos.48 & 49 Montieth Road Egmore,Chennai 600 008.

...

Respondent in both CRPs Petitions filed under Article 227 of the Constitution of India, against the order dated 4/4/2017 made in I.A.Nos.528 and 530 of 2015 in AIR (SA) Nos.329 and 330 of 2015 passed by the Debt Recovery Appellate Tribunal, Chennai.

For Petitioners ...

Mr.K.A.Ramakrishnan For respondent ...

Mr.M.L.Ganesh C O M M O N O R D E R (Order of the Court was made by S.MANIKUMAR, J) In I.A.Nos.528 and 530 of 2015, the Debt Recovery Appellate Tribunal, Chennai, directed the petitioners, to make a predeposit of Rs.7 lakhs, each, with the Registrar of the Tribunal, within four weeks from 4/4/2017, failing which appeal in A.I.R.Nos.329 and 330 of 2015, would stand dismissed, without reference to the orders of the Tribunal.

2. Civil Revision Petitions have been filed on 26/7/2017, much after the date fixed for disposal of A.I.R.Nos.329 and 330 of 2015.

3. It is a trite law that interim order merges with the final order. When appeal is disposed of, on account of penalty, in making pre-deposit, challenge to the interim orders, does not survive.

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4. For the abovesaid reason, instant Civil Revision Petitions are dismissed. Liberty is granted to the petitioners, to challenge the final order, made in A.I.R.Nos.329 and 330 of 2015. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(cs III) /TRUE COPY/ Sub Assistant Registrar mvs To The Registrar, Debt Recovery Appellate Tribunal, Chennai.

+2cc to Mr.M.L.Ganesh, Advocate, SR.NO..70535 & 70536 +2cc to Mr.K.A.Ramakrishnan, Advocate, SR.NO..70727 & 70728 C.R.P.Nos.2720 and 2721 of 2017 GMR(CO) CS/20/10/17 https://hcservices.ecourts.gov.in/hcservices/