M/S Ghosh Brother Steel Pvt. Ltd. v. Bank of Baroda
Case brief
What is this about?
The tribunal disposed of an application for waiver of pre-deposit. Noting non-compliance with mandatory deposit requirements under the SARFAESI Act, the court refused to dismiss the appeal immediately but granted a four-week period to comply. Failure to deposit results in dismissal.
What did the court decide?
Application I.A. 456 of 2019 disposed; an opportunity given to comply with pre-deposit requirement within four weeks.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 135 of 2019)
(Arising out of O.A. 188 of 2014 in DRT, Guwahati)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
| 24.6.2022 | M/s. Ghosh Brother Steel Private Limited & 2 Others … Appellants -Vs- Bank of Baroda … Respondent |
|---|---|
| Ms. Falguni Jana, Learned Counsel for Appellant |
|
| Mr. Dipanjan Datta, Learned Counsel for Respondent |
THE APPELLATE TRIBUNAL :
I.A. 455 of 2019
In this application Appellants have prayed for condonation of one day’s delay in filing the appeal.
Going through the record, I find the ground, as made out in the application, is sufficient for condoning the delay.
The application, being I.A. 455 of 2019 is allowed by condoning the delay.
Issues for consideration
2 issues framed by the court
Whether the application for waiver of pre-deposit under Section 21 of RDBFI Act is maintainable without deposit of mandatory amount.
Whether an opportunity is given to the appellant to comply with the provision of pre-deposit.
Parties & counsel
- appellant
M/s. Ghosh Brother Steel Private Limited & 2 Others
- respondent
Bank of Baroda
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 191090001352019
- Topic
- Arbitration
All orders in this case
5 orders share this CNR
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