Pawan Kumar Gaur and Anr. v. State Bank of India and 3 Ors.
Case brief
What is this about?
List with directions to the registrar to admit the appeal filed under Section 18 of the SARFAESI Act, addressing queries regarding delay, pre-deposit status, and certified copy of the impugned order from the DRT, Lucknow.
What did the court decide?
Case listed for admission before Chairperson on 10.5.2022 to accept urgency, waiver applications and procedural submissions regarding delay and pre-deposit.
What the court decided
Appeal Dy. No. 122/2022
09.05.2022
(Pawan Kumar Gaur and Anr. Vs. State Bank of India and Ors.)
Shri Prashant Kumar Pandey, Ld. Counsel for the appellant is present. Ld. Counsel files Urgency Application, Waiver Application and Dates and Events.
Shri Ankit Saran, Ld. Counsel for Respondent Bank is present.
As regard delay in filing the Appeal, Shri Prashant Kumar , Ld. Counsel for Appellant states that Hon’ble High Court, Lucknow Bench order in the matter is dated 10.03.2022 and the Appeal has been filed on 12.04.2022 and that the delay is covered by Hon’ble Supreme Court order in the Suo Motu Writ Petition. As regard certified copy of impugned order, Ld. Counsel states that photocopy has been filed with the Appeal and undertakes to file certified copy of the order.
No pre-deposit has been made. Ld. Counsel states that Rs. 6,79,536=00 has been deposited in Bank after issuance of Section 13(2) Notice against the dues of Rs. 71,49,040=00, and that the Waiver Application has been filed and he will argue the issue of pre-deposit before Hon’ble Court.
This Appeal has been filed under section 18 of the SARFAESI Act against the judgment dated 18.10.2022 in S.A No. 385/2017 of DRT, Lucknow.
List this case on 10.5.2022 before Hon’ble Chairperson for admission
Issues for consideration
3 issues framed by the court
Whether the delay in filing the appeal is covered by the Supreme Court's order in Suo Motu Writ Petition.
Whether the non-filing of pre-deposit affects the admission of the appeal under Section 18 of the SARFAESI Act.
Whether a photocopy of the impugned order suffices pending filing of the certified copy.
Parties & counsel
- appellant
Pawan Kumar Gaur and Anr.
- respondent
State Bank of India and Ors.
Case details
As recorded by the court registry
All orders in this case
12 orders share this CNR
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