Chandra Shekhar Prasad and 3 Ors. v. Indian Bank and 3 Ors.
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Appeal Dy. No. 193/2023 Date: 15.05.2023
Chandra Shekhar Prasad and Ors. Vs. Indian Bank
Shri Ashok Kumar Srivastava, Ld. Counsel for the appellant is present.
Ld. Counsel for the appellant has removed the defects by filing dates and events, inserting the para 9 in the Appeal, mentioning the details of court fee para 10 of the Appeal and also filed court fee on Vakalatnama.
No pre-deposit has been made. Appellant has filed a Waiver Application (I.A. No. 380/2023) on the grounds that the appellants are LR’s of the respondent No. 3 (guarantor/mortgagor) of the impugned order under challenged and during the pendency of the O.A. the appellants were not substituted by the Bank hence, provisions of section 21 of the RDB Act are not attracted and prayed for placing the case before the Hon’ble Court to argue on the Waiver Application
The present appeal has been filed under section 20 of the RDB Act against the final order dated 14.07.2016 passed by DRT, Ranchi in O.A. No. 22/2013. Waiver Application (I.A. No. 380/2023), Stay Application (I.A. No. 381/2023) and Delay Condonation Application (I.A. No. 382/2023) has also been filed.
List this case before Hon’ble Court on 26.07.2023 for order.
Registrar
Issues for consideration
2 issues framed by the court
Whether the appellant is liable to make pre-deposit despite being a legal representative of the mortgagor under Section 21 of the RDB Act.
Whether the appeal filed without pre-deposit can be admitted.
Parties & counsel
- appellant
Chandra Shekhar Prasad and Ors.
- respondent
Indian Bank
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · May
- CNR
- 091090001932023
- Topic
- Banking and Recovery
All orders in this case
7 orders share this CNR
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