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2019 Supreme(Ker) 788

S.MANIKUMAR, A.M.SHAFFIQUE
A. P. Varghese, S/o. Poulose – Appellant
Versus
Chief Manager (Authorised Officer), Vijaya Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.P.B.Pradeep
For the Respondent: Sri.V.B.Hari Narayanan, Smt.Shazia Bint Ashraf

JUDGMENT :

S. MANIKUMAR, J.

1. Instant appeal is filed against an order made in O.P.(DRT).No.69 of 2017 dated 24.07.2017 with the delay of 21 days in filing the appeal. Hence, C.M.Application No.1360 of 2017 is filed for condonation of delay.

2. Though respondents 3 and 5 have not been served, as the issue involved in the present appeal is as to whether pre-deposit has to be made as ordered by the Debt Recovery Appellate Tribunal, we propose to take up the main appeal itself for hearing.

3. Before the writ Court, learned counsel for the appellant/petitioner has submitted that the Debt Recovery Appellate Tribunal by Ext.P9 order, directed pre-deposit to entertain the appeal on file. The petitioner has also pleaded that if time is granted for making pre-deposit, then he will be able to comply with the said requirement for the purpose of maintaining the appeal before the Debt Recovery Tribunal.

4. Holding that pre-deposit for entertaining an appeal is statutory and taking note of the alternate submission of the learned counsel for the appellant, writ Court directed the petitioner to effect the pre-deposit of Rs.21 lakhs on or before 31.08.2017 and to produce proof for payment before the De

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