M/S M P Bullion v. Pegasus Assets Reconstruction Pvt. Ltd. and Ors.

Appeal Dy. No. 1179/2022

(M/s M.P. Bullion Vs. Pegasus Assets Reconstruction Pvt. Ltd.)

Date: 10.01.2023

Shri Gaurang Kulshreshtha, Ld. Counsel for the appellant is present. Ld. Counsel submits certified copy of the impugned order, Dates and Events and also submits D.D. No. 501192 dated 06.01.2023 (ICICI) for Rs. 99,750.00/towards deficit court fee. Ld. Counsel mentioned Pin Code Number and corrects the date of judgment. Defects reconciled. Proper court fee paid.

No pre deposit has been made. Waiver Application has been filed. As per the Sale Notice (page 100 of instant Appeal) dues as on 09.04.2019 was Rs. 15, 37, 39,910=77 P + interest. It has been stated in the Waiver Application that as per the reply dated 21.04.2022 filed by the respondent-FI in the S.A., the total amount dues as on 23.03.2022 Rs. 26,48,57,738= 95 P along with interest and expenses. Further, the auction purchaser deposited Rs. 36,11,00,000/- and the sale certificate had been issued (Para 3 and 4 of the Waiver Application). The reply dated 21.04.2022 of FI is also available at Page 221 to 224 of the instant appeal. Ld. Counsel states that he will argue this issue before Hon’ble Court.

The instant Appeal has been filed under section 18 of the SARFAESI Act against final order dated 10.10.022 of DRT, Jabalpur in S.A. No. 387/2020. Urgency Application (I.A. No. 729/2022), Waiver Application (I.A. No. 730/2022), Interim Relief Application (I.A. No. 731/2022) and Delay Condonation Application (I.A. No. 732/2022) have been filed along with the Appeal.

List this case before Hon’ble Chairperson on 23.01.2023 for orders.