Rabindra Nath Roy v. State Bank of India
Case brief
What is this about?
SAT, Kolkata allowed I.A. for waiver of pre-deposit to the appellant's financial crunch, mandating a 25% deposit within three weeks. The appeal was listed for subsequent admission.
What did the court decide?
Allowed I.A. 390/2019 allowing a 25% pre-deposit; appeal listed for admission on 21.09.2022.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal Dy. No. 70 of 2019)
(Arising out of S.A. 21 of 2017 in DRT-2 Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
23.08.2022
Rabindra Nath Roy
… Appellant
-Vs-
State Bank of Inida
… Respondents
Mr. R. S. Tewari, learned counsel for the Appellant. Md. Amjad Ali, Learned Counsel for the respondent.
THE APPELLATE TRIBUNAL :
Appellant has filed I.A. 390 of 2019 seeking waiver from pre-deposit. As per demand notice dated 22.07.2016 claim amount is Rs.5,99,245.00. Learned counsel for the appellant submits that due to financial crunch he would be able to deposit 25 per cent of the claim amount.
Issues for consideration
3 issues framed by the court
Whether the appellant was entitled to a waiver of the mandatory pre-deposit requirement under the SARFAESI Act.
Whether the I.A. for waiver of pre-deposit should be allowed given the appellant's financial constraints.
Whether the pre-deposit amount should be fixed at 25% of the claim.
Parties & counsel
- appellant
Rabindra Nath Roy
- respondent
State Bank of Inida
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · August
- CNR
- 191090000702019
- Topic
- Banking and Recovery
All orders in this case
7 orders share this CNR
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