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2005 (5) TMI 339

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..... ebts Recovery Appellate Tribunal within four weeks from today and having made the compliance, as aforesaid, satisfy the Debts Recovery Appellate Tribunal that the amount, as directed by it, in its order dated 27-2-2004, has been deposited. The delay, if any, in making the deposit shall stand condoned. If the Debts Recovery Appellate Tribunal feels satisfied that 30 per cent of the amount, as direc .....

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..... unal (DRT), Mumbai, is put in issue by filing an appeal before the Debts Recovery Appellate Tribunal (DRAT), Mumbai. On 27-2-2004, the Debts Recovery Appellate Tribunal directed the appeal being entertained for hearing subject to deposit of 30 per cent of Rs. 23,42,91,487 within eight weeks from the date of the order. It appears that compliance was not made and the appellant approached the High Co .....

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..... hat the first amount of Rs. 1,01,11,000 was pursuant to an offer for one-time-settlement and the deposit relates to a date prior to the date of passing of the order by the Tribunal and therefore cannot be said to have been deposited in compliance with the order of the Debts Recovery Appellate Tribunal. As to the amount of Rs. 1,10,00,000, it is pointed out that the amount is lying in fixed deposit .....

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..... anying the payment are withdrawn and the amount may be treated to have been paid unconditionally. 8. We record the statement of learned counsel for the appellant, as stated hereinabove. The same shall be binding on the appellant. 9. The appellant shall appear before the Debts Recovery Appellate Tribunal within four weeks from today and having made the compliance, as aforesaid, satisfy the .....

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