Single judge of DRAT granted refund of Rs. 26 lakh deposited as pre-deposit for entertaining an appeal which was disposed of earlier without raising objections.
Refund of deposited amount of Rs. 26 lakh with accrued interest.
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
M.A. No. 58/2022 (Refund of Money) In (Appeal No. 14/2018- Disposed of)
Between
M/s. Kumandas Visanji & Co. … Appellant/s V/s.
Punjab National Bank …Respondent/s
Ms Anjali Gupta, i/b Raval Shah, Advocate for Appellant.
Mr Kushal Sawant, Advocate for Respondent No. 2 & 3
-: Order dated: 02/12/2022:-
The matter is taken up for hearing by way of Praecipe filed by Appellant for seeking urgent relief.
The Appellant had deposited a sum of ₹ 26 lakh on 23.04.2018 and according to the direction of this Tribunal the pre-deposit amount for entertaining the Appeal u/s 21 (1) of the RDB Act.
The Appeal was disposed of on 27.08.2019 with the aforesaid amount still lying in the deposit. The Respondent has appeared and has not raised any objections.
Hence, an application is allowed and the Registrar is directed to refund the amount in deposit together with the interest if any accrued to the applicant on proper acknowledgment.
Sd/Chairperson
psa-04
1
M/s. Kumandas Visanji & Co.
Punjab National Bank
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
