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Madras High CourtCRP/1257/2020disposed of

G.Bhakthavatsalam v. Hinduja Leyland Finance

2023-06-14Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and CMP No.6820 of 2020 G.Bhakthavatsalam .. Petitioner -vsHinduja Leyland Finance Rep. by its Authorized Officer, No.2/6, Above Max Hero Shware, Dr.Rajkumar Road, 4th Block, Rajaji Nagar, Bengaluru 560 010.

.. Respondent Prayer: Petition filed under Article 227 of the Constitution of India against the proceedings dated 27.01.2020 passed in AIR (SA) No.01/2020 on the file of Debt Recovery Appellate Tribunal, Chennai. For the Petitioner :

Mr.C.S.Karan for Mr.G.Desingu For the Respondent :

Mr.S.Namasivayam * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.C.S.Karan, learned counsel for the petitioner and Mr.S.Namasivayam, learned counsel for the respondent.

2. The revision petition has been filed against the order of the Debt Recovery Appellate Tribunal (DRAT), Chennai, wherein the DRAT passed an order refusing to entertain the appeal until the present petitioner complies with the formalities on pre-deposit. The DRAT directed the petitioner to deposit Rs.23 lakhs in two instalments. The petitioner did not deposit the same.

3. The learned counsel for the petitioner submits that the petitioner would deposit Rs.35 lakhs within two weeks.

4. The petitioner shall deposit an amount of Rs.35 lakhs within two weeks with the respondent/financial institution. If the amount as directed is deposited within two weeks by the petitioner with the respondent, then upon proof of deposit being shown, the DRAT may

entertain the appeal filed by the petitioner, of course if the said appeal complies with all other conditions.

5. In case the petitioner fails to deposit the amount of Rs.35 lakhs within two weeks as directed above, then the appeal shall remain dismissed.

With these observations and directions, the civil revision petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. (S.V.G., CJ.) (P.D.A., J.) 14.06.2023 Index : yes/no : Yes/No sra To:

The Registrar, Debt Recovery Appellate Tribunal Chennai

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) 14.06.2023