Court grants final chance to comply with DRAT pre-deposit for restoring dismissed appeal, allowing merits adjudication.

JUDGMENT

This writ petition is filed by the petitioner, challenging Ext.P6 order dated 27.03.2026, passed by the Debts Recovery Appellate Tribunal, Chennai, in I.A No.708/2025 in AIR 255/2024.

2. The petitioner has approached the DRAT, Chennai, by filing AIR 255/2024, challenging the order dated 19.12.2023, passed by the Debts Recovery Tribunal-I, Ernakulam, in M.A No.296/2022 and S.A No.179/2018. Along with the AIR, the petitioner also filed I.A No.708/2025, seeking waiver of the statutory pre-deposit. The DRAT, Chennai, by order dated 25.02.2026 (Ext.P5), directed the petitioner to deposit Rs.38,40,000/- (Rupees Thirty Eight Lakhs Forty Thousand only), in two equal installments, the first installment of Rs.19,20,000/- (Rupees Nineteen Lakhs Twenty Thousand only), to be deposited on or before 11.03.2026 and the second installment of Rs.19,20,000/- (Rupees Nineteen Lakhs Twenty Thousand only), to be deposited on or before 25.03.2026.

3. Subsequently, when the matter was considered by the DRAT, Chennai, on 27.03.2026, after taking note of the fact that the petitioner has not complied with Ext.P5 direction and has not deposited both the installments, passed Ext.P6 order, dismissing I.A No.708/2025 and consequentially, rejecting AIR (SA) 255/2024.

4. Heard Sri. Thomas Abraham, the learned counsel for the petitioner and Sri. P.Paulochan Antony, the learned Standing Counsel appearing for respondents 1 and 2.

5. The learned counsel for the petitioner submitted that, if the petitioner is granted a reasonable time, he is ready to comply with Ext.P5 order passed by the DRAT, Chennai. He further submitted that, the petitioner could not comply with Ext.P5 order, due to sudden financial constraints. He also submitted that, an opportunity may be granted to the petitioner to contest the matter on merits, before the DRAT.

6. The learned Standing Counsel for respondents 1 and 2 submitted that, the petitioner has not challenged Ext.P5 order or the time fixed by the DRAT and therefore, there is no merit in this writ petition.

7. Considering the submissions made at the bar and also the facts and circumstances of this case, including the fact that the petitioner is ready and willing to deposit the amount as specified in Ext.P5, within a reasonable time, I am of the view that, as a last chance, an opportunity can be granted to the petitioner to comply with Ext.P5 order, so that, he can get his appeal filed before the DRAT, disposed of on merits.

Ergo, this writ petition is disposed of, by directing the petitioner to deposit the entire amount as stated in Ext.P5, on or before 27.04.2026. If the petitioner complies with the afore direction, the DRAT, Chennai, is directed to take back AIR 255/2024 on files and dispose of the same on merits, as per law.

Sd/-