D Mythri v. Federal Bank
Case brief
What is this about?
The Debts Recovery Appellate Tribunal allowed an interim application for waiver of 75% pre-deposit under Section 21 of the RDDBFI Act, 1993. Appellants were permitted to deposit 25% of the decretal amount within six weeks due to financial constraints. The matter was listed for hearing of the main appeal.
What did the court decide?
Waiver of pre-deposit allowed; appellants permitted to deposit 25% of decretal amount within six weeks.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 347 of 2020
(Arising out of O.A. 3965 of 2017 in DRT-II, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
15.11.2022 Ms. D. Mythri & Another … Appellants -VsThe Federal Bank Limited … Respondent Mr. Nemani Srinivas, Learned Counsel for Appellant Ms. Aparajita Rao with Ms. Ankana Basu, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
I.A. 200 of 2020
This is an application praying for waiver of pre-deposit under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 on the ground that a decree of Rs.29,53,228.93 was passed against the Appellant. Due to financial crunch Appellants prays for permitting them to deposit 25% of the decretal amount as pre deposit.
Learned Counsel for Respondent opposes to the prayer.
Having heard the Learned Counsel for the Appellants and going through the record, I find that the ground to be sufficient. Accordingly, I.A. 200 of 2020 is allowed to the extent that the Appellants are permitted to deposit 25% of the decretal amount within a period of six weeks from date.
Issues for consideration
1 issue framed by the court
Whether pre-deposit can be waived under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 on financial grounds.
Parties & counsel
- appellant
Ms. D. Mythri & Another
- respondent
The Federal Bank Limited
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · November
- CNR
- 191090003472020
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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