Punjab National Bank and Anr. v. M/ S Khandelwal Candy Ind Pvt. Ltd. and 3 Ors.
Case brief
What is this about?
The appellant filed an appeal under Section 20 of the RDB Act against an Order dated 25.02.2022 passed by the Debt Recovery Tribunal. Counsel raised defects including non-filing of a condonation of delay application, insufficient court fee, lack of pre-deposit, and stated no debt was due. The matter was adjourned for admission on 14.07.2022.
What did the court decide?
null
What the court decided
Appeal Dy. No. 105 of 2022
(Punjab National Bank and Anr. Vs. M/s Khandelwal Candy Ind Pvt. Ltd.
and Ors.)
Date: 25.05.2022
Shri Ritesh Upadhyay, Ld. Counsel for the appellant is present and removes defects by providing Pin Code Number and Dates and Events.
In regard to the defect that Delay Condonation Application has not been filed, Ld. Counsel states that Limitation is covered from the date of receipt of free copy of the impugned order and the same has been described in Limitation Para of the Application.
The instant Appeal/Application has been filed under Section 20 of the RDB Act but court fee of only Rs. 250/- has been deposited. Further, the O.A./T.A. had been disposed of by DRT. No pre-deposit has been made. No Waiver Application has been filed.
Ld. Counsel submits that order challenged in the instant Appeal is judgment dated 25.02.2022 of DRT, Lucknow in M.A. No. 67/2008 (arising out of T.A. 821/2002). Ld. Counsel states that there is no debt due as the Defendant No. 2 in the T.A., who is Apellant No. 2 in the present Appeal had deposited the whole compromise amount in the Bank. A copy of the final order dated 07.7.2004 of the DRT, Lucknow in T.A. 821/2002 which reflects the same is enclosed at page no. 34-35 of the present Appeal. Ld. Counsel states that he will argue this point before Hon’ble Court.
List this case before Hon’ble Chairperson on 14.07.2022 for admission.
Issues for consideration
2 issues framed by the court
Whether the appeal filed under Section 20 of the RDB Act is maintainable in the absence of a condonation of delay application and pre-deposit.
Whether the debt can be said to be due given the deposit of the compromise amount by the respondent.
Parties & counsel
- appellant
Punjab National Bank and Anr.
- respondent
M/s Khandelwal Candy Ind Pvt. Ltd.
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · May
- CNR
- 091090001052022
- Topic
- Arbitration
All orders in this case
7 orders share this CNR
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