M/ s Shashi Enterprises v. Bank of Baroda and Anr.
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Appeal Dy. No. 746/2022 Date: 30.09.2022
M/s Shashi Enterprises Vs. Bank of Baroda & Anr.
Present: Shri S. K. Gupta, counsel for the appellant,
Heard the learned counsel for the appellant on the urgency and waiver applications being I.As. No. 428/2022 and 429/2022.
Since the case has been taken up today, therefore, the urgency application stands disposed off.
Learned counsel for the appellant submits that against the demand notice issued by the Bank under section 13(2) of the SARFAESI Act for Rs. 17,59,054/- plus interest, the respondent-Bank has realized a sum of Rs. 15.57 lacs from auction sale of the property in question and the appellant has also deposited a sum of Rs. 1.04 lacs with the Bank on 28.01.2021 and 26.03.2021, which is more than 50% of the demanded amount, therefore, no further amount is required to be deposited towards pre-deposit for maintaining the appeal.
In view of the aforesaid, the waiver application stands disposed off.
Issue notices 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.
Interim application shall be considered on the next date.
Parties & counsel
- appellant
Shashi Enterprises
- respondent
Bank of Baroda & Anr.
Coram
Justice R. D. Khare
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