Hareshwar Packaging Pvt. Ltd. and Anr. versus Central Bank of India and Anr.

BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson

M.A. on Diary No. 777/2022 In (Appeal No. 40/2019 – Disposed of)

Between

Hareshwar Packaging Pvt. Ltd. & Anr. … Appellant/s V/s. Central Bank of India & Anr. …Respondent/s Mr Rafique Peermohidden, i/b Ms Ragini Rao, Advocate for Appellant.

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Ms Tejasvi D. Dalvi, Advocate for Respondent No.1.

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Mr R. A. Naik, Advocate for Respondent No.2.

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-: Order dated: 12/08/2022:-

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The matter is taken up for hearing by way of Praecipe filed by Appellant seeking urgent relief.

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Order of this Tribunal dated 29.05.2019 in M.A. No. 381/2019 in Appeal No.40/2019 has been modified by the Hon’ble High Court of Judicature at Bombay in Writ Petition (W.P.) No. 4907 of 2021 vide order dated 19.07.2022. The Appeal was dismissed by this Tribunal for not complying with the mandatory provision of Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (the RDDB&FI Act for short). That order stood challenged before the Hon’ble High Court.

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The Hon’ble High Court has directed that the amount lying in deposit before D.R.T.-II, Mumbai, in Appeal No.2 of 2017, shall be transferred to this Tribunal in Appeal No. 40/2019 together with

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1

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accumulated interest within two weeks of receiving a

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communication.

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The learned counsel for the Appellant submits that the above order is already communicated to the D.R.T. Hence, the Ld. P.O., D.R.T.-II, Mumbai, is directed to transfer the amount lying in deposit in Appeal No.2 of 2017 forthwith without any delay. Thereafter the shortfall, if any, has to be deposited by the Appellant to make it 25% of the amount due as on the date of filing of the Appeal and only then does this Appeal gets automatically revived.

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Post for compliance on 24.08.2022.

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Sd/Chairperson

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dpj-5

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2

Hareshwar Packaging Pvt. Ltd. and Anr. v. Central Bank of India and Anr.

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Hareshwar Packaging Pvt. Ltd. and Anr. v. Central Bank of India and Anr.

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