Partly allowed

Ganga Ravi Kumar v. Union Bank of India (Andhra Bank)

DRAT26 Jul 2022REGULAR APPEAL/14/2023

Case brief

AI extract

What is this about?

This interim order of the Appellate Tribunal allowed the waiver of pre-deposit for registration of a regular appeal after finding that substantial amount remained deposited with the bank and no objection was raised. It also registered the appeal as regular.

What did the court decide?

Allowance of waiver application for pre-deposit; registration of the appeal as regular appeal.

Ganga Ravi Kumar versus Union Bank of India (Andhra Bank) — Insolvency and Bankruptcy | DRAT (2022)

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IN THE DEBTS RFECOVERY APPELLATAE TRIBUNAL AT KOLKATA

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(Appeal Diary No. 343 of 2019) (Arising out of S.A. No. 93 of 2016 in DRT, Visakhapatnam) THE HON’BLE MR. JUSTICE ANIL KUMAR SLRIVASTAVA, CHAIRPERSON 26.07.2022

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Ganga Ravi Kumar …. Appellant. Vs. Andhra Bank …. Respondent. Mr. N. Srinivasan, learned counsel for the appellant. Mr. D. Das, learned counsel for the respondent.

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THE APPELLATE TRIBUNAL :

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Mortgagor has filed this appeal against the judgement and order dated 13.04.2018 passed by

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learned DRT, Visakhapatnam whereby the S.A. No. 93 of 2016 was dismissed. It is reported by the Registry that the appeal is barred by time. It appears that a writ petition no. 16496 of 2018 was filed by the appellant against the impugned judgement before the Hon’ble High Court of Andhra Pradesh which was dismissed on 21.10.2019 with the liberty to the writ petitioner to prefer an appeal within two weeks from the date of issuance of certified copy. Certified copy was issued on 25.10.2019. Appeal was filed on 08.11.2019 in compliance with the order of the Hon’ble High Court. Appeal is within time.

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Appellant has filed waiver application praying for exempting from making any pre-deposit for the purpose of hearing the appeal. Appellant submits that pursuant to the order dated 12.05.2016 an amount of Rs.35,50,000.00 was deposited by the appellant which is still lying with the bank. As per demand notice issued u/s 13(2) claim of the bank is 63,36,319.00. No objection has been filed by the respondent against the waiver application. Copy of the demand draft as well as receipt are annexed to page 53 to 55 of the Volume II of the appeal. Conditions of pre-deposit u/s 18 of the SARFAESI Act, 2002 are satisfied accordingly. Waiver application is allowed. Appeal be registered as regular appeal.

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Objection to the appeal be filed within four weeks with advance copy to the appellant who may file rejoinder within two weeks thereafter.

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List the appeal on 23.09.2022 for hearing the appeal.

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It is submitted by the appellant that Andhra Bank is merged with Union Bank of India. Necessary amendment be carried out in the course of the day.

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(Anil Kumar Srivastava,J) Chairperson

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Dated : 26.07.2022 01/

Ganga Ravi Kumar v. Union Bank of India (Andhra Bank)

Case brief

What is this about?

What did the court decide?

Ganga Ravi Kumar v. Union Bank of India (Andhra Bank)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

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