Kakan Rice Mills Private Limited v. Bank of Baroda and Ors.

Appeal Dy. No. 723/2022 Date: 07.11.2022

Kakan Rice Mills Pvt. Ltd. Vs. Bank of Baroda

Present: Shri Alok Rai, counsel for the appellants, Shri G. K. Srivastava, counsel for the respondent-Bank,

As per report of the Registrar dated 03.11.2022, the present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 01.09.2022 passed by the DRT, Patna in S.A. No. 83/2020. The said report shows that the urgency application being I.A. No. 540/2022, the waiver application being I.A. No. 541/2022 are pending consideration. The report further shows that no pre-deposit has been made and as per demand notice dated 18.12.2019, the dues against the appellant was Rs. 10,62,83,307/- in S.A. No. 450/2018 and the appellant had deposited a sum of Rs. 3,28,70,730/- on different dates and further deposited Rs. 10.00 lacs on the order passed by the DRT, Patna.

Since the matter has been taken up, therefore, the urgency application being I.A. No. 540/2022 has become infructuous. Hence the same stands disposed off as such.

Issue notices to the remaining respondents on the waiver by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.

Learned counsel for the respondent-Bank seeks time to file reply to the waiver application. Let the same be filed by the next date.

List this case on 01.02.2023 for service.