Zakir Patel v. Bank of Baroda and Ors.
Case brief
What is this about?
This order records the listing of an appeal filed under Section 18 of the SARFAESI Act against an interim order of the DRT. Counsel acknowledged the defect regarding illegible pages and confirmed the filing of a waiver application regarding the pre-deposit.
What the court decided
A compact analysis
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Appeal Dy. No. 371/2022
(Zakir Patel Vs. Bank of Baroda and Ors.)
Date: 18.10.2022
Shri V.K. Shukla, Ld. Counsel for the appellant is present. As regards the defect regarding illegible pages pointed out by the registry, Ld. Counsel undertakes that he will supply typed copy of the pages if desired by Hon’ble Court. Ld. Counsel also files an affidavit regarding deposit of 50% amount.
The instant appeal has been filed against interim order.
No pre deposit has been made. Waiver Application has been filed. As per the Possession Notice dated 01.04.2022 (page 198) of instant Appeal) dues was Rs. 2,93,11,917=71 P + Interest. It has been mentioned that the property has been sold by Bank. It has also been stated through the affidavit and statement filed today, that the appellant has also made deposit of Rs. 1.6 crore to match the amount of bid with expenses to the auction purchaser. Ld. Counsel states that he will argue before the Hon’ble Court.
The instant Appeal has been filed by under section 18 of the SARFAESI Act against interim order dated 23.06.2022 of DRT, Jabalpur in S.A. No. 335/2020. Urgency Application (I.A. No 177/2022) Stay Application (I.A. No 176/2022) Waiver Application (I.A. No 178/2022) have been filed along with the appeal.
List this case before Hon’ble Chairperson on 21.10.2022 for admission.
Registrar
Issues for consideration
2 issues framed by the court
Whether the appeal filed under Section 18 of the SARFAESI Act is maintainable and requires admission.
Whether a pre-deposit is required for the filing of the appeal against an interim order.
Parties & counsel
- appellant
Zakir Patel
- respondent
Bank of Baroda and Ors.
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · October
- CNR
- 091090003712022
- Topic
- Banking and Recovery
All orders in this case
10 orders share this CNR
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