This interim order directs the appellant to deposit 25% of the determined debt as per section 21 to make the appeal entertainable. Further hearing is listed for waiver consideration if the deposit is made.
Appellant directed to deposit 25% of debt; case listed for further hearing on waiver pending deposit.
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Appeal Dy. No. 68/2020 Date: 24.04.2023
Present: Shri Rahul Mishra, Advocate holding brief of Shri Rakesh Mishra, counsel for the appellant, Shri V. K. Shukla, Advocate holding brief of Shri K. K. Tiwari, counsel for the respondent-Bank,
In the present case, the appellant has not deposited any amount towards minimum deposit of 25% of the debt due, which is mandatory in nature as per second proviso of section 21 of the said Act. Therefore, the appellant is directed to deposit minimum 25% of the debt determined by the Tribunal below under section 19 of the RDB Act for entertaining the appeal, which is mandatory in nature, by the next date fixed. If the appellant does not deposit the said amount prior to the next date fixed, the appeal shall stand dismissed as not entertainable for want of mandatory pre-deposit without further reference to this court. If the said amount is deposited by the appellant within the time as stipulated above, list this case on 08.08.2023 for hearing on waiver of the rest 25% of the amount due.
Justice R. D. Khare Chairperson
Anupam
1 issue framed by the court
Whether the appellant is required to deposit 25% of the debt as a mandatory pre-condition to entertain the appeal.
2 provisions across 2 enactments
Shri Rakesh Mishra
Respondent-Bank
R. D. Khare
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
R. D. Khare
