Ms Soma Mechanized Bricks Industries v. United Bank of India

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

(Diary No. 96 of 2019)

(Arising out of S.A.105 of 2018 in DRT, Guwahati)

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

29.08.2022 Soma Mechanised Bricks Industries & Others … Appellants -VsUnited Bank of India& Others … Respondents Mr. Sanjay Mitra with Ms. Falguni Jana, Learned Counsel for the Appellant Md. Amjad Ali, Learned Counsel for Respondents

THE APPELLATE TRIBUNAL :

I.A. 144 of 2019

The instant application is for waiver for making pre deposit. The SARFAESI Application of the Appellant was dismissed on 28^th March, 2019. Thereafter the Appellant filed this appeal. Today Appellant has moved an application for taking on record the statement of account regarding deposits made by the Appellant.

It appears that the plea of deposit of amount has neither been taken in the SARFAESI Application nor in the waiver application. Further Learned Counsel for the Appellant submits that the Bank made several attempts for auction of the secured assets but the auction could not be successful as no bidder came forward. Thereafter, Appellant moved an application for settlement of the claim. Learned Counsel for the Appellant further submits that the