Anamika Chakrawarti W/O Late Sanjay Kumar Chakrawarti and 2 Ors. v. Allahabad Bank and 2 Ors.
Case brief
What is this about?
Appeal filed under section 18 of the SARFAESI Act against an interim order of the DRT by the Allahabad Bank. The appellant seeks admission for filing a waiver regarding a pre-deposit shortfall and an application for condonation of delay. The matter was listed for admission on 04.08.2023 pending submission of documents.
What the court decided
Appeal Dy. No. 1130/2022 Date: 13.07.2023
Anamica Chakrawarti W/o late Sanjay Kumar Chakrawarti and 2 Ors. Vs. Allahabad Bank and 2 Ors.
Shri Rajneesh Kesharwani, Ld. Counsel for the appellant is present and submitted Rs. 6910/- towards deficit court fee.
Regarding pre-deposit, Ld. Counsel for the appellant has submitted in his Waiver Application that in terms of demand notice under section 13(2) dated 08.03.2017 the outstanding amount was Rs. 21,57,914/and he has deposited Rs. 11 lakhs on 27.09.2018. Which is more than 25% of the outstanding amount mentioned in the demand notice. He has submitted that he will file the deposit slip before the Hon’ble Court on the date fixed. More over the said deposit has been confirmed by the respondent-Bank in his reply before the Tribunal below.
The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 23.09.2022 passed by DRT, Allahabad in S. A. No. 918/2018. Waiver Application (I.A. No. 696 /2022). Application for Condonation of Delay (I.A. No. 695/2022) has been filed.
List this case before Hon’ble Court on 04.08.2023 for admission.
Registrar
Issues for consideration
2 issues framed by the court
Whether the pre-deposit of 75% (Rs. 11 lakhs on Rs. 21,57,914) satisfies the requirement for maintaining shareholding capacity under section 18 of the SARFAESI Act.
Whether the delay in filing the appeal is condonable.
Parties & counsel
- appellant
Anamica Chakrawarti W/o late Sanjay Kumar Chakrawarti and 2 Ors.
- respondent
Allahabad Bank and 2 Ors.
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 091090011302022
- Topic
- Banking and Recovery
All orders in this case
10 orders share this CNR
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