The Tribunal allowed adjustment of Rs. 20,340 salary deductions against the pre-deposit. It ordered a fresh 25% pre-deposit within three months before considering the stay application.
Adjustment of Rs. 20,340 allowed; ordered 25% pre-deposit within 3 months; stay application to be considered thereafter.
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
(Appeal No. 254 of 2018)
(Arising out of O.A. 01 of 2014 in DRT, Guwahati)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
19.04.2022 Bolin Chandra Deuri & Another … Appellants
-vs-
Housing & Urban Development Corporation Limited (HUDCO) … Respondent
Ms. Falguni Jana, Learned Counsel for Appellant
Ms. Poetry Dutta, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
I.A. 377 of 2018
The instant application have been filed by Appellants for exemption of pre-deposit fee under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Respondent Bank has filed objection to the said application.
Heard Learned Counsel for both the parties and have perused the record.
O.A. 01 of 2014, filed by the Respondent in this appeal against the Appellants, was allowed and decreed in favour of HUDCO by the Learned DRT on the 8th of August, 2018. Recovery Certificate for Rs.55,92,932.00, along with pendent lite and future interest at the rate of 10.75% with quarterly rests, has been issued against Respondents No. 1, 2 and 3.
Being aggrieved, Respondents No. 1 and 2, being Appellants herein, have filed the present appeal.
Learned Counsel for the Appellants submits that as per the rejoinder, which is filed today, an amount of Rs.20,340.00 is being
2
deducted from the salary of the Appellant No. 1, namely, Bolin Chandra Deuri, with effect from 5th of October, 2020. This amount is being deducted after passing of the judgment in the said O.A. Accordingly, Learned Counsel prays for adjustment of this amount in the pre deposit.
Counsel for the Respondent F.I. submits that there is no ground made out for waiver of the amount as determined by the Learned DRT.
Having considered the submissions made by the Learned Counsel for the parties, I find that an amount of Rs.20,340.00 per month is being deducted from the salary of the Appellant No. 1, under the direction of the Deputy Chief Executive Officer, Assam Tribal Development Authority. This amount is being deducted after disposal of the original application, being O.A. 01 of 2014. Accordingly, this amount is liable to be adjusted against the amount of pre deposit. However, considering the facts and circumstances of the case, the Appellants are given an opportunity to make pre deposit of 25% of the decretal amount, as directed by the Learned DRT within a period of three months.
The stay application will be considered after compliance of this order.
List the matter on 29th July, 2022.
(Anil Kumar Srivastava,J) Chairperson
Dated: 19th April, 2022 03/ac
1 issue framed by the court
Whether salary deductions incurred after the decree date can be adjusted against the pre-deposit fee for filing a stay application under the RDBFI Act, 1993.
Bolin Chandra Deuri & Another
Housing & Urban Development Corporation Limited
Anil Kumar Srivastava
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
