On the hearing of an appeal under the SARFAESI Act, the Chairperson disposed of an infructuous urgency application and directed the issue of notice for the waiver and delay condonation applications.
Urgecy application disposed of; notice issued for waiver and delay condonation applications; case listed for service.
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Appeal Dy. No. 1179/2022 Date: 23.01.2023
M/s M. P. Bullion Vs. Pegasus Assets Reconstruction Pvt. Ltd.
Present: Shri Kashif Zaidi, counsel for the appellant,
Heard the learned counsel for the appellant.
The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 10.10.2022 passed by the DRT, Jabalpur in S.A. No. 387/2020. The report of the Registrar dated 10.01.2023 shows that I.A. No. 729/2022 being urgency application, I.A. No. 730/2022 being waiver application, I.A. No. 731/2022 being stay application and I.A. No. 732/2022 being delay condonation application have been filed and no pre-deposit has been made.
The aforesaid report further shows that as per sale notice, the dues against the appellant was Rs. 15,37,39,910.77 as on 09.04.2019 along with interest and the auction purchaser has deposited Rs. 36,11,00,000/- and sale certificate has also been issued.
Since the matter has been taken up today, therefore the urgency application being I.A. No. 729/2022 has become infructuous and is disposed off as such.
Issue notice to the respondents on the waiver and delay condonation applications by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.
List this case on 13.04.2023 for service.
Justice R. D. Khare Chairperson
Anupam
3 issues framed by the court
Whether the waiver and delay condonation applications are to be served on the respondents.
Whether the urgency application has become infructuous given the hearing date.
Whether a pre-deposit is required for admitting the applications.
1 provisions across 1 enactments
M/s M. P. Bullion
Pegasus Assets Reconstruction Pvt. Ltd.
R. D. Khare
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
