In I.A. No. 201 of 2020, the Debt Recovery Appellate Tribunal allowed the application for a partial waiver of the pre-deposit requirement under Section 21 of the RDBFIA, 1993, permitting appellants to deposit 25% of the decretal amount.
IA No. 201 of 2020 allowed to the extent of permitting deposit of 25% of the decretal amount within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 349 of 2020
(Arising out of O.A. 3966 of 2017 in DRT-II, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
15.11.2022 Ms. D. Sandhya Bhaskara Sridevi & Another … Appellants -VsThe Federal Bank Limited … Respondent Mr. Nemani Srinivas, Learned Counsel for Appellant Ms. Aparajita Rao with Ms. Ankana Basu, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
I.A. 201 of 2020
This is an application praying for waiver of pre-deposit under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 on the ground that a decree of Rs.53,75,447.27 minus Rs.3,44,664.00 was passed against the Appellant. Due to financial crunch Appellants prays for permitting them to deposit 25% of the decretal amount as pre deposit.
Learned Counsel for Respondent opposes to the prayer.
Having heard the Learned Counsel for the Appellants and going through the record, I find that the ground to be sufficient. Accordingly, I.A. 201 of 2020 is allowed to the extent that the Appellants are permitted to deposit 25% of Rs.50,30,783.27, being the decretal amount, within a period of six weeks from date.
Respondent may file opposition within six weeks; rejoinder, if any, be filed within two weeks thereafter.
I.A. 201 of 2020 stands disposed of.
List the matter on 8th February, 2023 for hearing of the appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 15th November, 2022 07/ac
1 issue framed by the court
Whether the Appellants were permitted to deposit 25% of the decretal amount as pre-deposit under Section 21 of the RDBFIA, 1993 instead of the full amount.
1 provisions across 1 enactments
Ms. D. Sandhya Bhaskara Sridevi & Another
The Federal Bank Limited
ANIL KUMAR SRIVASTAVA
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
