The Appellate Tribunal allowed two中介机构 applications: condonation of 2 days delay in filing the appeal under the Limitation Act and waiver of pre-deposit under the SARFAESI Act where the appellant deposited over 45% of the dues. The matter was listed for hearing.
I.A. 115 of 2021 allowed; I.A. 117 of 2021 allowed; matter listed for hearing on 16.02.2023.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 145 of 2021
(Arising out of S.A. 76 of 2019 in DRT, Cuttack)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
17.11.2022 Daitari Mohararana … Appellant -VsUCO Bank & 4 Others … Respondents Mr. Akshaya Kumar Sahoo, Learned Counsel for the Appellant
Mr. Rudra Dev Bagchi, Learned Counsel for Respondent Bank
THE APPELLATE TRIBUNAL :
I.A. 115 of 2021
This is an application under Section 5 of the Limitation Act for condonation of 2 days delay in filing the appeal.
Learned Counsel for Respondent Bank orally objected and submitted that no ground has been made out for condoning the delay.
I have heard the Learned Counsel for the parties and have perused the record. I find the ground to be sufficient for condoning the delay. Delay for 2 days is condoned.
Application being I.A. 115 of 2021, is allowed.
I.A. 117 of 2021
This is an application for waiver of pre-deposit under Section 18 (1) of the SARFAESI Act 2002. It is submitted that out of the total due amount of Rs.5,63,571.00 Appellant has already deposited Rs.2,50,000.00 during pendency of the application under Section 17 of the SARFAESI Act 2002; which is more than 45% of the amount due.
2
Learned Counsel for Respondent orally opposes the application on the ground that notice under Section 13 (2) was issued as far back as on 1st May, 2014 and the amount was deposited on 1st October, 2019. Interest amount has not been calculated.
The amount mentioned in the notice, under Section 13 (2) is Rs.5,63,571.00; amount deposited is Rs.2,50,000.00 although no calculation is submitted by the Bank regarding interest, if any accrued; hence I find ground to be sufficient.
Accordingly, the waiver application, being I.A. 117 of 2021, is allowed.
Appeal be registered by supplying regular number.
Respondents may file opposition to the main appeal as well as against the stay application within four weeks; rejoinder, if any, be filed within two weeks thereafter.
I.A. 117 of 2021 stands disposed of.
List the matter on 16th February, 2023 for hearing of the appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 17th November, 2022 03/ac
2 issues framed by the court
Whether condonation of delay in 2 days in filing the appeal is permissible under Section 5 of the Limitation Act.
Whether waiver of pre-deposit under Section 18(1) of the SARFAESI Act 2002 is granted where the appellant deposited over 45% of the due amount.
2 provisions across 2 enactments
Daitari Mohararana
UCO Bank
Anil Kumar Srivastava
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
