Shahdev Jewellers and 2 Ors. v. Central Bank of India and Anr.
Case brief
What is this about?
This miscellaneous application is non-dispositive. The court directed the posting of notices for a waiver application regarding the recovery of dues, scheduling the case for service.
What the court decided
A compact analysis
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Appeal Dy. No. 895/2022 Date: 01.12.2022
Shahdev Jewellers & Ors. Vs. Central Bank of India & Anr. Present: Shri Vipul Pandey, counsel for the appellants,
The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 03.08.2022 passed by the DRT, Lucknow in S.A. No. 290/2019.
The report of the Registrar dated 16.11.2022 shows that the I.A. No. 532/2022 being waiver application has been filed. It has been stated in the I.A. No. 532/2022 being waiver application that the respondent-bank has already recovered the amount of Rs. 6,91,39,000/- by selling the secured asset against the demand notice dated 16.10.2018 issued by the Bank under section 13(2) of the SARFAESI Act for Rs. 18,45,04,383.54, therefore, it is contended that more than 35% of the demanded amount has been recovered, hence the waiver application may be allowed.
Let the notices on waiver be issued 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 08.02.2023 for service.
Justice R. D. Khare Chairperson
VN Giri
Parties & counsel
- appellant
Shahdev Jewellers & Ors.
- respondent
Central Bank of India & Anr.
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · December
- CNR
- 091090008952022
- Topic
- Banking and Recovery
All orders in this case
8 orders share this CNR
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