Sangeeta Gupta and Anr. v. State Bank of India and Anr.

Appeal Dy. No. 280/2019 Date: 12.12.2022

Sangeeta Gupta and Anr. Vs. State Bank of India and Anr.

Present: Shri Raj Kumar Tiwari, counsel for the appellant. Shri D. C. Pandey, counsel for the respondent-bank,

Learned counsel for the respondent-Bank submits that the copy of memo of appeal has not been served upon him.

Learned counsel for the appellant submits that memo of appeal was served upon Shri P. K. Srivastava, earlier counsel for the respondent-Bank, however, he will serve again the same upon the present counsel within 48 hours. Let the respondents file reply by the next date.

Learned counsel for the appellant submits that as per demand notice dated 13.08.2007, the amount due against the appellants was shown Rs. 6.70 lacs. It is contended that the appellant had deposited Rs. 5.20 lacs with the respondentBank uptol March, 2014. Thereafter, the property was auctioned by the Bank for a sum of Rs. 15.00 lacs on 12.03.2014. As such the total amount of Rs. 20.20 lacs has been recovered by the Bank, which is more than the amount due. Hence, no further amount is required to be deposited by the appellant towards pre-deposit for maintaining the appeal, therefore, it is prayed that the waiver application may be allowed.

In view of the aforesaid, the waiver application is allowed and the appellant is not required to deposit any further amount towards pre-deposit.

List this case on 01.03.2023 for reply.