DRAT dismisses Waiver Application due to Non-Compliance with Conditional Order, Rejects Appeal against UBI [Read Order]
It was evident that the conditional order was explicitly not complied with by the appellants.The waiver application was therefore dismissed for non-compliance.
Union - Bank - India - Taxscan
Union - Bank - India - Taxscan
The Debt Recovery Appellate Tribunal (DRAT), Chennai, has dismissed a waiver application and consequently rejected the main appeal against Union Bank of India (UBI) due to non compliance with the conditional order.
The appeal was filed by M/s. Suwique Traders and others, Yoonus Salim, Fathima Yoonus Salim challenging a Debt Recovery Tribunal (DRT) order.
The Tribunal, presided by Justice G. Chandrasekharan, noted that the appellants failed to comply with the conditional order passed by the Tribunal on 25.08.2025. Despite the clear condition, the appellants did not fulfill the requirements within the stipulated time.
It was evident that the conditional order was explicitly not complied with by the appellants.The waiver application was therefore dismissed for non-compliance. Consequently, the main appeal was rejected as a procedural consequence.
The Tribunal thereby dismissed the waiver application in IA 847/2025 and rejected the main appeal in A.IR:900/2025 was rejected. The order underscores the strict adherence to conditional orders in DRAT proceedings and the automatic dismissal of appeals when such conditions are not satisfied, regardless of the merits of the underlying case.
Mr. T. S. Rajeev Gandhi for M/s. Peer Mohamed Khan Associates appeared on behalf of appellant and Mr. A. Jaishankar appeared on behalf of respondent bank.
Conditional Orders as Jurisdictional Prerequisites. DRAT consistently holds that conditional orders (e.g., pre-deposit requirements, time-bound compliance) are mandatory prerequisites for appeal maintainability. Non-compliance deprives the tribunal of jurisdiction to hear the matter.
Failure to satisfy conditions (e.g., depositing 25% of the decretal amount, filing documents within the stipulated time) leads to automatic dismissal of the appeal. The tribunal does not exercise discretion in such cases.
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