Hi Tech Grain Processing Pvt. Ltd. Through Liquidator v. Hdfc Bank Ltd. And 3 Ors.
Case brief
What is this about?
Liquidator of Hi Tech Grain Processing Pvt Ltd filed an appeal against an interim order. Counsel prayed for waiver of Section 18 SARFAESI Act deposit, arguing the liquidator was not the borrower or guarantor. Court listed case for admission.
What the court decided
IN THE DEBT RECOVERY APPELLATE TRIBUNAL - ALLAHABAD
Appeal Dy. No. 1469/2023
Ld. Registrar
Date:21/12/2023
- Hi Tech Grain Processing Pvt Ltd ... Appellant
--Vs--
- HDFC Bank Ltd ... Respondent
Ld. Counsel Shri Mahendra Kumar holding brief of Shri Rahul Kapoor Ld. Counsel for the appellant, is present.
Ld. Counsel filed Urgency Application (I.A. No.1063/2023 ) and Waiver Application (I.A. No. 1064/2023 ) with online filing and proper Court Fee.
Vide Waiver Application Ld. Counsel prays that the condition of pre-deposit is not applicable on the present appellant, since the present appeal has been preferred by the Liquidator of the Appellant company who is neither a borrower, nor guarantor nor any amount has been demanded by the secured creditor. He further prays that the appellant may kindly be waive of the deposit of the statutory fees as provided u/s 18 of the SARFAESI Act, 2002 and entertain the appeal of the Appellant on merit.
Issues for consideration
2 issues framed by the court
Whether waiver of pre-deposit fees is applicable when the appeal is filed by the liquidator of the borrower company.
Whether statutory fees are required to be deposited by a liquidator in an appeal under Section 18 of the SARFAESI Act.
Parties & counsel
- appellant
Hi Tech Grain Processing Pvt Ltd
- respondent
HDFC Bank Ltd
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · December
- CNR
- 091090014692023
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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