Beauty Ghosh v. Kotak Mahindra Bank Limited
Case brief
What is this about?
The Tribunal dismissed an inter partes application seeking waiver of pre-deposit. Agency held that sale proceeds of secured assets cannot be adjusted against the mandatory pre-deposit unless the sale is challenged or confirmed by the borrower.
What did the court decide?
Appellant ordered to make 50% pre-deposit of Rs. 44.00 lac within six weeks.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 82 of 2022
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
21.04.2023 Beauty Ghosh & Another .. Appellants -VsKotak Mahindra Bank Limited ... Respondent Mr. Souritra Ganguly with Mr. Tapan Kumar Mukhopadhyay, Learned Counsel for the Appellants Mr. Santosh Kumar Ray with Ms. Rituparna Sanyal and Ms. Sumana Mukherjee, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
I.A. 61 of 2022
This is an application filed by Appellants for waiver from making pre deposit.
The instant appeal has been preferred against a judgment passed by Learned DRT-I, Kolkata in O.A. 06 of 2019 wherein certificate for Rs.38,10,169.00 was issued with pendent lite and future interest @ 10.74% simple on the amount due from the date of filing of the O.A. i.e. 18th January, 2019 till realization.
Appeal was filed on 7th April, 2022 and the waiver application was filed on 20th April, 2022. Since then the matter is pending and number of dates were fixed.
Issues for consideration
2 issues framed by the court
Whether an appellant can claim benefit of bank sale proceeds for waiver of pre-deposit without challenging the sale.
Whether DRAT has jurisdiction to entertain appeal without 50% pre-deposit under Section 21 RDB Act.
Parties & counsel
- appellant
Beauty Ghosh & Another
- respondent
Kotak Mahindra Bank Limited
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 191090000822022
- Topic
- Consumer Protection
All orders in this case
10 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court