The Tribunal adjudicated two appeals arising from an interlocutory order in a pending Origin Application. It held that as the amount due was undetermined, a pre-deposit under Sec. 21 of the RDB Act was not required, and the OA filings were disposed of.
Application disposed; appeals filed and posted for hearing after being taken on file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No.120/2023(WoD)
In
Appeal on Dairy No. 1171/2022 Between
Deepan Arun Parekh
… Appellant/s
V/s.
Export - Import Bank of India & Ors.
…Respondent/s
And
I.A. No.121/2023 (WoD)
In
Appeal on Dairy No. 1172/2022 Between
Pratima Arun Parekh & Ors … Appellant/s V/s.
Export - Import Bank of India & Ors. …Respondent/s Mr. G. Kinkhabwala, along with Ms. Nikita Vardhan and Mr. Vishal Tiwari, i/b M/s. Kanga & Co., Advocate for Appellant. Ms. Sharanya S., Advocate for Respondent No. 1.
-: Common Order dated: 20/06/2023:-
Both these appeals are arising from an interlocutory order in O.A. pending before the Debts Recovery Tribunal (D.R.T)-I, Mumbai.
Since the appeals are from an interlocutory order and the O.A. is still pending consideration and the amount due has not yet been determined, This Tribunal is an opinion that an application for waiver of deposit is not required and no pre-deposit has to be made under the provision of Sec. 21 of the RDB Act.
1
I.A. is disposed of.
The Appeal shall be taken on file if there are no other defects to be cured.
A reply on the main appeal has been filed and a rejoinder is also filed.
The pleadings are complete and hence, the appeals shall be posted for hearing after being taken on file.
Post on 04.09.2023 before Registrar.
Sd/Chairperson
rm-2-3
2
1 issue framed by the court
Whether an application for waiver of deposit under Sec. 21 of the RDB Act is required when the appeals arise from an interlocutory order in a pending O.A. and the amount due is not yet determined.
1 provisions across 1 enactments
Deepan Arun Parekh
Pratima Arun Parekh
Export - Import Bank of India
Ashok Menon
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
