MANU/GJ/1069/2020 . For the purpose of hearing of this application for waiver of pre-deposit I do not intend to go into the aspect whether the notice u/s 13 (2) of the SARFAESI Act is sufficient or not because that wound tantamount to the disposal of the Appeal itself. In view of the notice prima facie seems to be sufficient based on the terms that the Appellants had been informed about the break-up of the amounts demanded by the Bank from time to time. But the argument of the learned counsel for the Appellants is that even if the account details have been provided to the Appellants earlier or from time to time, the same has to be specifically mentioned in detail in the notice u/s 13 (2) as required under sub-section 3 of Section 13 of the SARFAESI Act, for which he has relied upon the decision of Punjab National Bank Vs. Mithilanchal Industries Pvt. Ltd. (Supra) . Without going into the details of the contentions raised in the Appeal challenging the impugned order I would come directly to the amount required to be paid as pre-deposit for entertaining the Appeal. The amount claimed as per notice u/s 13 (2) is Rs.7,51,08,852.49 and the notice is dated 07.07.2020. The subsequent interest accrued will also have to be credited to the above till date of filing of the Appeal as per the decision of the Hon’ble High Court of Judicature at Bombay in M/s MRB Roadconst Pvt. Ltd. Vs. Rupee Co-op. Bank Ltd. AIR 2016 (NOC) 334 (BOM.) .
