Dr. Sandip Ashok Bharude and Ors. v. Canara Bank
Case brief
What is this about?
Single judge order in appeal regarding waiver of deposit under Section 21 of the RDB Act, noting that the debt amount is undetermined and thus no mandatory deposit is required at this interlocutory stage.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A.No.726/2023(WoD)
In
Appeal on Diary No. 1029/2023 Between
Sandip Ashok Bharude & Ors.
… Appellant/s
V/s.
Canara Bank …Respondent/s
Mr. A.V. Deshmukh, Advocate for Appellant. -: Order dated: 03/11/2023:-
The matter is taken up for hearing by way of a praecipe filed by Appellants for seeking urgent relief.
The Appellants are in appeal impugning the order dated 23.05.2023 in I.A. No. 457/2023 in O.A. No. 277/2016 on the files of Debts Recovery Tribunal, Aurangabad (D.R.T) whereby the Ld. Presiding Officer dismissed the application seeking condonation of delay in filing the written statement which was filed belatedly by the Appellant who is the defendant in O.A.
The present I.A. No. 726/2023 is for waiver of deposit u/s. 21 of the RDB Act, what is challenged is the interlocutory order and the amount of debt due has not been determined yet, therefore, no mandatory pre-deposit is required to be made by the Appellant.
Issues for consideration
2 issues framed by the court
Whether a mandatory pre-deposit is required when the amount of debt due is not yet determined.
Whether the order dismissing the application for condonation of delay in filing a written statement could be waived.
Parties & counsel
- appellant
Sandip Ashok Bharude & Ors.
- respondent
Canara Bank
Coram
Ashok Menon
Case details
As recorded by the court registry
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