Smt Basanti Patidar and Ors. v. R B L Bank Limited

Appeal Dy. No. 76/2022 Date: 11.04.2022

Smt. Basanti Patidar Vs. RBL Bank Ltd Present: Shri Alok Rai, counsel for the appellant, Shri Sandeep Arora, counsel for the respondent-Bank,

Learned counsel for the respondent-Bank submits that he has already filed preliminary objection to the maintainability of the appeal and has filed written submission today in the court after serving copy of the same to the learned counsel for the appellant. The learned counsel further submits that the appellant is required to deposit the amount pursuant to section 18 of the SARFAESI Act for entertaining the appeal.

Learned counsel for the appellant contends that notice was issued to a dead person and the property has been sold by the Bank. It is further contended that the appellant in the present case was not noticed, therefore, no pre-deposit is required to be made for entertaining the appeal.

Learned counsel for the respondent-Bank contends that the contention raised by the appellant is not tenable and states that it was legally incumbent upon the legal heirs of the deceased person to have fulfilled the legal obligation as required. Learned counsel for the appellant may file response to the preliminary objection raised by the learned counsel for the respondent-Bank by the next date.

Learned counsel for the appellant also submits that the DRT is not proceeding with the matter due to pendency of the present appeal. The pendency of the present appeal does not preclude the DRT to proceed with the matter pending before it.

List this case on 02.08.2022 for waiver.