Registrar listed a debt recovery appeal before the Chairperson. Appellants sought waiver of pre-deposit under SARFAESI Act; Respondent counsel argued pre-deposit is mandatory and noted pending High Court writ.
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
Dy. no.366/2021; Date:28/04/2022
M/s. Hotel Annapurna Plaza & anr……………Appellants
Vs.
Bank of Baroda & ors…………….Respondents
Ld. Counsel, Mr. Dulal Chandra Sarkar along with Ld. Counsel, Mr. Dutimoy Paul are present on behalf of appellants and submit that there should be 100% waiver of pre-deposit amount as per section 18 of SARFAESI Act, 2002. In compliance of earlier order, Ld. Counsel, Mr. Sarkar informs that he has served the copy of waiver application upon all the respondents.
Ld. Sr. Counsel, Mr. Dipanjan Dutta along with Ld. Counsel, Mr. Subhajit Chowdhury and Ld. Counsel, Ms. Riturpana Saha are present on behalf of respondent (Bank) no.1 &2 and submit that this matter may be placed immediately before The Hon’ble Chairperson.
Ld. Counsel, Mr. Somnath Roy along with Ld. Counsel, Mr. D. Basumallick are present for respondent no.4 and submit that the pendency of Writ Petition before The Hon’ble High Court at Calcutta has no connection with this appeal, which has to be decided independently with each other. He further submits that the mandatory requirement of pre-deposit cannot be waived and necessary order be passed in this regard. Ld. Counsel for respondent no.4 also confirms that he has received the copy of waiver petition.
Ld. Counsel, Mr. Somnath Roy has filed affidavit in respect of the present status of the Writ Petition being No.WPA 1409 Of 2022 on behalf of respondent no.4 on 27.04.2022 and the same has been served upon Ld. Counsel of appellant on today during hearing of this matter.
None present for respondent no.3.
Let this matter be placed before The Hon’ble Chairperson on 25.07.2022.
Sd/-
REGISTRAR
M/s. Hotel Annapurna Plaza & anr
Bank of Baroda & ors
As recorded by the court registry
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Judgements on the same questions, provisions and authorities, from every court
