G K Bhatnagar and others v. Bank of Baroda

Appeal Dy. No. 275/2023 Date: 17.03.2023

G.K. Bhatnagar and Ors. Vs. Bank of Baroda

The present Misc. Application has been filed under section 18 of the SARFAESI Act against interim order dated 21.02.2023 passed by DRT, Jabalpur in S.A. No. 231/2017. Waiver Application being (I.A. No. 208/2023), Urgency Application being (I.A. No. 209/2023) have also been filed.

Shri V.K. Shukla, Ld. Counsel for the appellant is present and removed the defects No. 2, 3 and 4, pointed out by the registry. With regard to affidavit the Ld. Counsel stated that since the affidavit has been notarized in the State of Madhya Pradesh. Rs. 10/- Non- judicial Stamp is not required as per the prevalent practice in that State

With regard to condition of pre-deposit the Ld. Counsel stated that Waiver Application (I.A. No. 208/2023) has been filed stating that since the impugned order dated 21.02.2023 is an interlocutory order passed by DRT, Jabalpur, in I.A. No. 199/2023 in S.A. No. 231/2017, as such the appellants are not liable to deposit any amount as provided under 2^nd and 3^rd proviso of Section 18(1) of the SARFAESI Act, 2002.

List this case before Hon’ble Chairperson on 22.03.2023 for further orders.

Registrar