Appellant seeks exemption from filing a certified copy of the impugned order; exemption granted. Pending predeposit notice to respondent for entertaining the appeal. Chairperson disposed interlocutory applications.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Appeal No. 136/2022 Arising out of Dy. No. 742/2022 (DRT-III, Chandigarh)
Prakash Chand Vs Bajaj Finance Ltd.
16.08.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Sh. Manoj Kumar Srivastava, Ld. Counsel for the appellant.
This matter has been taken up by me through Video Conferencing.
I.A. No.494/2022
This is an application seeking exemption from filing certified copy of the impugned order.
Exemption granted subject to all just exceptions.
Application stands disposed of.
I.A. No.495/2022
For the entertainment of the appeal, appellant has to cross the hurdle of predeposit. Ld. counsel for the appellant submits that the demand notice issued by the respondent bank was for a sum of Rs.72,97,844/- as on 06.07.2020 but the parties had arrived at a settlement on 24.09.2019 for a sum of Rs.55,00,000/and pursuant to that settlement the appellant had paid substantial amount and only a sum of Rs.11,77,212/- remains to be paid and the appellant is ready with a demand draft of the said amount and can deposit whenever this Tribunal directs. Let the appellant deposit Rs.11,77,212/- with this Tribunal towards pre-deposit, subject to the clarification by the respondent bank.
Let notice be issued to the respondent bank for 01.09.2022 in the meanwhile.
(CHAIRPERSON)
-ap/pk
3 issues framed by the court
Whether an order of the Debts Recovery Appellate Tribunal prescribing predeposit for entertaining an appeal constitutes a final disposal.
Whether this order amounts to a final disposal and compells a compliance of filing of an appeal certificate.
Whether an interlocutory order prescribing predeposit obstructs the right to appeal.
Prakash Chand
Bajaj Finance Ltd.
Brijesh Sethi
As recorded by the court registry
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