Aditya Swaroop Pandey v. Aryavart Bank

Appeal Dy. No. 1061/2022 Date: 21.12.2022

Aditya Swaroop Pandey Vs. Aryavart Bank

Present: Shri D. N. Awasthi, counsel for the appellant,

The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 02.11.2022 passed by the DRT, Lucknow in S.A. No. 588/2022. The report of the Registrar dated 12.12.2022 shows that the I.A. No. 648/2022 being urgency application, I.A. No. 649/2022 being waiver application and I.A. No. 647/2022 being application for exemption from filing the certified copy of the impugned order are pending consideration.

The said report further shows that no pre-deposit has been made and as per demand notice dated 13.01.2017, the outstanding amount was shown to be Rs. 13,09,792/- plus interest. The report of the Registrar also records that the Bank had refused to take the draft of Rs. 19.12 lacs.

The matter has been taken-up today, therefore, the urgency application being I.A. No. 648/2022 has become infructuous and is disposed off as such. Learned counsel for the appellant shall explain regarding maintainability of the appeal in absence of pre-deposit on the next date fixed.

Shri Pawan Kumar Mishra, Advocate has put in appearance on behalf of the respondent-Bank and submits that the copy of memo has not been given to him. Learned counsel for the appellant submits that he shall serve the same upon the counsel for the respondent-Bank within 48 hours, who may file reply by the next date.

List this case on 13.02.2023 for reply.