Disposed

Angara Rajesh v. State Bank of India

DRAT29 Jun 2022REGULAR APPEAL/246/2017

Case brief

AI extract

What is this about?

The Debts Recovery Appellate Tribunal addressed a procedural bar regarding the maintainability of an appeal lacking the mandatory Section 21 pre-deposit. The Bench allowed a partial waiver, reducing the required deposit to 40% before dismissing the appeal if not made.

What did the court decide?

Appellant directed to deposit 40% of the decree amount as pre-deposit within four weeks; appeal to stand dismissed otherwise.

Angara Rajesh versus State Bank of India — Banking and Recovery | DRAT (2022)

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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(Appeal No. 246 of 2017)

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(Arising out of M.A. 91 of 2010 in DRT, Visakhapatnam)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

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CHAIRPERSON

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29.06.2022 Angara Rajesh … Appellant -VsState Bank of India … Respondent Mr. Nemani Srinivas, Learned Counsel for Appellant

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Mr. Soudip Pal Choudhuri with Ms. Saswati Sikder, Learned Counsel for Respondent Bank

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THE APPELLATE TRIBUNAL :

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Affidavit-in-opposition filed by Respondent Bank is taken on record; copy whereof is served on the other side.

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Heard the Learned Counsel for the parties and perused the record.

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This appeal is preferred against a judgment and order dated 1^st August, 2017, passed by Learned DRT, Visakhapatnam in M.A. 91 of 2020 arising out of O.A. 101 of 2005. An ex parte order was passed on 19^th May 2009 for an amount of Rs.26,12,306.00. Thereafter, M.A. 91 of 2010 was filed for setting aside the ex parte decree which was dismissed on 1^st August, 2017 by the impugned order. This appeal was preferred on 21^st November, 2017 without complying the provisions of Section 21 of Recovery of Debts Due To Banks And Financial Institutions Act, 1993 without any separate application for waiver being moved. However, when the matter is taken up, Learned Counsel submits that since in para 9 of the Memo of Appeal the grounds are already mentioned, there is no requirement 9 of the appeal. of preferring any separate application for waiver.

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Since it is a very old matter wherein loan was granted in the year 1997, I propose to take up the waiver matter on the ground

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mentioned in para 9 of the appeal. The ground, as made out, is that since 2003 no amount is due to the Appellant. I am not impressed by the submission made by the Learned Counsel for Appellant. Section 21 of the Act is specific and mandatory in nature and in catena of judgments it has been held that an appeal cannot be preferred and will not be maintainable without making a pre deposit. Hence Appellant could not be permitted to continue with the appeal without making the pre deposit, as required under Section 21 of the Act.

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50% of the amount of the debt as determined is to be deposited as pre deposit.

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Learned Counsel for Appellant submits that it may be reduced to 25%.

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I have gone through the record, I find that sufficient ground is made out for reducing the amount. However, in the interest of justice, it would be appropriate to reduce to 40% of the amount of decree, i.e. Rs.26,12,306, be deposited as pre deposit as per Section 21 of the Act. Appellant should make the pre deposit within four weeks from date, failing which the appeal shall automatically stand dismissed.

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List the matter on 31^st August, 2022 for hearing.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 29^th June, 2022 09/ac

Angara Rajesh v. State Bank of India

Case brief

What is this about?

What did the court decide?

Angara Rajesh v. State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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