Rajendra Singh v. Central Bank of India and Anr.
Case brief
What is this about?
The Single Judge addressed the final order under Section 18 of the SARFAESI Act, declared the urgency application infructuous, and directed the bank to issue a waiver notice to the appellant while noting the pre-deposit details.
What did the court decide?
Issuance of waiver notice to the bank and steps to be taken by the appellant within a week.
What the court decided
Appeal Dy. No. 870/2022 Date: 10.11.2022
Rajendra Singh Vs. Central Bank of India
Present: Shri S. K. Gupta, counsel for the appellant,
Shri Awadhesh Tiwari, Advocate appears on behalf of the respondent no. 2-Auction Purchaser and seeks time to file reply.
The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 22.09.2022 passed by the DRT, Ranchi in S.A. No. 32/2018.
The report of the Registrar dated 03.11.2022 shows that the I.A. No. 524/2022 being Expedite application and I.A. No. 525/2022 being waiver application have been filed.
Since the matter has been taken-up, the I.A. No. 524/2022 which is urgency application, has become infructuous and is disposed off as such.
The aforesaid report further reveals that no pre-deposit has been made and as per possession notice dated 25.08.2021, the dues against the appellant was shown Rs. 2,82,31,947/plus interest and the Bank has sold the property for Rs. 1,74,32,000/- and further that the appellant had deposited Rs. 90.00 lacs.
In view of the aforesaid, let the notice be issued to the respondent no. 1 on the waiver by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.
Issues for consideration
3 issues framed by the court
Whether the waiver notice should be issued to the bank under Section 18 of the SARFAESI Act.
Steps to be taken by the appellant regarding the waiver application.
Whether the urgency application becomes infructuous.
Parties & counsel
- appellant
Rajendra Singh
- respondent
Central Bank of India
Coram
S. K. Gupta (Counsel)
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · November
- CNR
- 091090008702022
- Topic
- Banking and Recovery
All orders in this case
7 orders share this CNR
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