Shalini Birla v. Central Bank of India
Case brief
What is this about?
The Debt Recovery Appellate Tribunal allowed the appellant's application for waiver of the remaining balance of the 25% pre-deposit. The appeal was listed for disposal on a specific date as the respondent bank had not yet filed a reply to the appellant's submission regarding notices under Section 13(2) of the SARFAESI Act.
What the court decided
DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Appeal No. 97/2022 Arising out of S.A. No. 246/2022 (DRT-III, Delhi)
Shalini Birla Vs Central Bank of India
01.08.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Arvind Kumar Pandey, Ld. Counsel for the appellant.
Dr. Manish Kumar, Ld. Counsel for the respondent.
This matter has been taken up by me through Video Conferencing.
Pre-deposit has already been made by the appellant.
This is an appeal against the order of Ld. DRT-III, Delhi dated 08.07.2022 whereby the interim relief was declined.
Ld. Counsel for the appellant states that he has made 25 % pre-deposit of debt due and has also moved an application for waiver of rest of the 25% of predeposit on the ground that appellant is facing hardship due to death of her husband on 11.05.2020 due to Corona. It is further submitted by Ld. counsel that appellant is ready to pay an amount of Rs. 12,91,680/- to the bank which she will be receiving from EDMC where her husband was working.
Issues for consideration
1 issue framed by the court
Whether the application for waiver of the remainder of the 25% pre-deposit due to the appellant's financial hardship should be allowed.
Parties & counsel
- appellant
Shalini Birla
- respondent
Central Bank of India
Coram
Brijesh Sethi
Case details
As recorded by the court registry
All orders in this case
15 orders share this CNR
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