The Bench adjourned the proceedings in this miscellaneous appeal. It ordered the respondent bank to file a detailed statement of the outstanding amount within four weeks and directed the appellant to file an application for waiver of predeposit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson
Misc. Appeal No. 85/2019
Between
Rajat Infrastructure Pvt. Ltd. … Appellant/s V/s. Union Bank of India & Ors. … Respondent/s
Ms. Bhagyashree Keni, i/b Ms. Pallavi Kaikini, Advocate for Appellants.
Ms. Sumedha Sawant, i/b Mr. Nainesh Amin, Advocate for Respondent No.1
Ms. Sonal Sanap, i/b M/s. Apex Law Partners, Advocate for Respondent No.2 & 3.
-: Order dated: 14/07/2022:-
Appellant has not filed any application for waiver of predeposit or for reducing the amount required to be deposited u/s 18 (1) to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act for short).
Respondent Bank is directed to file a detailed statement showing the amount from the Appellant as of the date of filing of the Appeal along with its reply which has yet not been filed.
Learned counsel for Respondent Bank seeks further time to file the above statement. The same shall be filed within four weeks, positively, with an advance copy to the Appellant.
Appellant is directed to file an application for waiver of predeposit with advance copy to other sides.
Post on 21.09.2022 for filing the above statement / reply / hearing.
Sd/Chairperson
dpj-17
1
2 issues framed by the court
Whether the appellant sought waiver of predeposit for filing the appeal under Section 18(1) of the SARFAESI Act, 2002.
Whether the respondent bank had filed the requisite detailed statement of demands as required by this Impugned Order.
1 provisions across 1 enactments
Rajat Infrastructure Pvt. Ltd.
Union Bank of India
Ashok Menon
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
