A.IR:779/2009
Record of proceedings on 5.10.2012 in IA 1378/2009 (delay):
Ld. Counsel Shri Balasubramaniam appearing on behalf of the respondent bank stated that the delay cannot be condoned in cases of appeals filed under Sec.18 of the SARFAESI Act as per the orders of the Hon’bleHigh Court of Madras passed on 28.8.2012 in WP Nos. 13456/2012, 8381/2012 and 12970/2012 and that this IA should be dismissed in obedience to the orders of theHon’ble High Court of Madras.
Ld. CounselShri A. Periasamy appears on behalf of the petitioner.
Heard the Ld. Counsel for the respondent bank. It is seen that the Hon’bleHigh Court of Madras has held on 28.8.2012 in WP Nos. 13456/2012, 8381/2012 and 12970/2012 thatcondonation of delay does not arise in cases of appeals filed under Sec.18 of the SARFAESI Act.
This tribunal being bound by the orders of the Hon’bleHigh Court of Madras is therefore driven to dismiss this IA.
Accordingly this IA is dismissed. IA 1215/2009 (stay) : IA 1378/09 is dismissed. Hence this IA is also dismissed.
The above Order was passed by the Hon''ble Chair Person of DRAT ,Chennai on5th Oct 2012
Posts
1ST THE APPEAL FILED FOR AMOUNT DUE TO BANK OR "condonation of delay " WASTING COURT TIME BY BOTH PARTIES. THE ARGUMENTS REQUIRED ONLY WHETHER PARTY PAID OR NOT. ON THIS JUDGEMENT REQUIRED. IF DISMISSED THEN HIGHCOURT AND THEN SUPREMECOURT. IF THE PARTY DELAYED IN FILING APPEAL IS NOT ISSUE.
ReplyDeleteBEST TO ALLOW THE APPEAL AND DO JUSTICE FASTLY.