Application by Appellants for refund of excess pre-deposit amount of Rs. 1,89,60,919/- along with accrued interest was allowed. Registry directed to transfer excess via RTGS to Appellants account.
Registry directed to refund excess amount of Rs. 1,89,60,919/- with accrued interest to Appellants via RTGS.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson I.A. No. 525/2023
In Appeal on Diary No. 212/2023
Between
Rohidas Haribhau More & Ors. … Appellant/s V/s. Sangli Urban Co-Operative Bank Ltd. & Anr. …Respondent/s
Mr. Gaurang Kinkhabwala along with Ms. Sonali Jain, Advocate for Appellants.
An Advocate for the Respondent is present.
-: Order dated: 03/08/2023:-
The matter is taken up for hearing by way of a praecipe filed by the Appellants for seeking urgent relief.
I.A. No. 95/2023 is an application for waiver of pre-deposit which was disposed of by this Tribunal vide order dated 11.07.2023 by directing the Appellants to make the pre-deposit of ₹3 Crores. Amounts were lying in deposit in another Appeal which was disposed of by this Tribunal, and in deposit before the D.R.T., Pune. Liberty was granted to the Appellants to withdraw those amounts and deposit the pre-deposit in the present Appeal. Accordingly, a sum of ₹1,53,33,102/- which was lying in deposit in the disposed of Misc. Appeal No. 23/2020 was brought into this Appeal as predeposit and on an application filed by the Appellants before the D.R.T., Pune a sum of ₹3,36,30,919/- was transferred to this Tribunal. That makes an excess of ₹1,89,60,919/- lying in the deposit of this Tribunal in this Appeal. The Appellants have therefore sought a refund of the said excess amount together with accrued interest, to them.
1
The Appeal stands posted on 11.10.2023 for a hearing.
Sd/Chairperson
psa-07
2
1 issue framed by the court
Whether the excess pre-deposit amount lying in the Tribunal's custody should be refunded to the Appellants with accrued interest.
1 provisions across 1 enactments
Rohidas Haribau More & Ors.
Sangli Urban Co-Operative Bank Ltd. & Anr.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
