Listed the appeal filed under Sec 18 SARFAESI Act for admission before the Chairperson on 19.12.2022. Noted that the appellants, legal heirs, did not make the pre-deposit and filed a waiver application arguing they are not borrowers or guarantors. No decision on merits given.
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Dy. No. 1120/2022
Date: 15.12.2022
(Nitin Chaturvedi and Anr. Vs. Punjab National Bank)
Shri Sanjay Kumar Gupta, Ld. Counsel for the appellant is present. Defect reconciled. proper court fee paid.
No pre deposit has been made. Waiver Application has been filed. It has been stated that the appellants are neither borrower nor guarantor. It is observed that as per the recall notice dated 24.02.2020 total outstanding as on 31.01.2020 was Rs. 2,18,63,995=50 P (Page 29). The said recall notice bears names of both the appellant as legal heirs of late Bharat Chand Chaturvedi. Ld. Counsel states that he will argue before the Hon’ble Court.
The instant Appeal has been filed under section 18 of the SARFAESI Act against interim order dated 30.11.2022 of DRT, Allahabad in S.A. No. 782/2022. Urgency Application (I.A. No. 688/2022) and Waiver Application (I.A. No. 689/2022) have been filed.
List this case before Hon’ble Chairperson on 19.12.2022 for admission.
Registrar
3 issues framed by the court
Whether the appeal against the interim DRT order is maintainable and waivable.
Whether the appellants, not being borrowers or guarantors, satisfy grounds for waiver of pre-deposit.
Status of the appointment of the Hon'ble Chairperson for admission of the appeal.
1 provisions across 1 enactments
Nitin Chaturvedi
Punjab National Bank
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
