Divyansi Traders and another v. Bank of India and 3 Ors.
Case brief
What is this about?
The court disposed of an appeal filed under the SARFAESI Act against an interim DRT order. It issued notices to respondents regarding a waiver application related to an auction sale and listed the case for service.
What did the court decide?
Appellants issued notice to respondents regarding waiver application and case listed for service on 05.01.2023.
What the court decided
Appeal Dy. No. 611/2022 Date: 11.10.2022
Divyansi Traders & Anr. Vs. Bank of India
Present: Shri S. K. Gupta, counsel for the appellants,
As per report of the Registrar dated 13.09.2022, the present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 18.08.2022 passed by the DRT, Allahabad in S.A. No. 594/2022 and no pre-deposit has been made. The said report further reveals that the waiver application being I.A. No. 335/2022 has also been filed, stating that the property has been sold by the Bank in auction for Rs. 91.91 lacs.
Issue notices to the respondents on the waiver application by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellants within a week. Affidavit of service along with tracking report be filed by the next date.
List this case on 05.01.2023 for service.
Justice R. D. Khare Chairperson
VN Giri
Issues for consideration
2 issues framed by the court
Whether the appeal is maintainable without pre-deposit on waiver application.
Whether to direct service notices on respondents regarding the waiver application.
Parties & counsel
- appellant
Divyansi Traders
- respondent
Bank of India
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · October
- CNR
- 091090006112022
- Topic
- Banking and Recovery
All orders in this case
7 orders share this CNR
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