Appeal against order allowing waiver of pre-deposit. Court allowed waiver application following submission that debt was recovered exceeding 100%. Notice issued for service.
Waiver application for pre-deposit allowed.
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Appeal Dy. No. 176/2022 Date: 23.09.2022
Sunil Kumar Thakur & Anr. Vs. State Bank of India & Ors. Present: Shri Shiv Pratap, Advocate holding brief of Shri Rishi Upadhyay, counsel for the appellants,
Heard the learned counsel for the appellant on the waiver application.
Learned counsel for the appellant submits that apart from violation of certain rules and procedure, the property of the appellant, which was valuing more than Rs. 60.00 lacs, has been sold by the respondent-Bank for a sum of Rs. 28,10,000/- against the demand notice dated 4.5.2017 for Rs. 25,73,106/-. The learned counsel further submits that since more than 100% of the debt due has already been recovered by the Bank, therefore, condition of pre-deposit will not be applicable in the present case. Hence, it is prayed that the waiver application may be allowed.
In view of the above, the waiver application is allowed.
Issue notice to the respondents by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.
List this case on 15.12.2022 for service.
Justice R. D. Khare Chairperson
VN Giri
Sunil Kumar Thakur
State Bank of India
R. D. Khare
VN Giri
As recorded by the court registry
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