Mr Ombir Singh and Anr. v. Dewan Housing Finance Corporation Ltd.
Case brief
What is this about?
This interim order addresses the maintainability of an appeal under Section 18 of the SARFAESI Act filed without pre-deposit. The court directed notice for stay and waiver applications and scheduled a date for listing.
What did the court decide?
Direct notice issued to respondents regarding stay and waiver applications; case listed for further hearing.
What the court decided
A compact analysis
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.
Appeal Dy. No. 526/2022 Date: 18.11.2022 Mr. Ombir Singh & Anr. Vs. Dewan Housing Finance Corporation Ltd.
Present: Shri Chetan Chatterjee, counsel for the appellants,
The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 06.07.2022 passed by the DRT, Lucknow in Chamber Appeal No. 05/2022.
The report of the Registrar dated 04.11.2022 shows that the I.A. No. 283/2022 being stay application and I.A. No. 545/2022 being waiver application have been filed and no pre deposit has been made. The report further records that as per demand notice dated 30.04.2021, the dues against the appellants was shown Rs. 96,00,975/- plus interest.
Learned counsel for the appellants may explain regarding maintainability of the present appeal on the date fixed as no pre-deposit has been made.
Let the notice be issued to the 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.
List this case on 17.02.2023 for service.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Whether the present appeal under Section 18 of the SARFAESI Act is maintainable in the absence of pre-deposit.
Parties & counsel
- appellant
Mr. Ombir Singh & Anr.
- respondent
Dewan Housing Finance Corporation Ltd.
Coram
Justice R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · November
- CNR
- 091090005262022
- Topic
- Banking and Recovery
All orders in this case
8 orders share this CNR
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