The DRAT Bench observed that the 1st Respondent's reply lacked details on the outstanding amount, hindering a conclusion on the pre-deposit figure. The counsel undertook to file a statement of accounts, and the matter was posted for hearing.
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. 89/2023(WoD)
In
Appeal on Diary No. 168/2023
Between
Dinesh Shankarao Deshmukh, … Appellant/s Prop. M/s Gajanan Construction &Anr. V/s.
Encore Asset Reconstruction Company Pvt. Ltd.…Respondent/s & Anr.
An Advocate for the Appellant is present.
Mr. Archit Virmani, along with Mr. Atul Gupta, Advocate for Respondent No. 1.
Ms. Sanjana Ghogare, Advocate for Respondent No. 2.
-: Order dated: 12/06/2023:-
The 1st Respondent has filed a reply to the application for waiver of deposit but there is nothing stated in their reply regarding the outstanding amount that is due from the Appellant and hence, it is not possible to arrive at a conclusion regarding the exact amount of pre-deposit that is directed to be made.
The Ld. Counsel appearing for the Respondent Bank undertakes to file a statement of accounts for which time is granted.
Post on 26.06.2023 for hearing.
Sd/Chairperson
rm-8
1
2 issues framed by the court
Whether the reply filed by the 1st Respondent regarding waiver of deposit is sufficient to determine the exact amount of pre-deposit required.
Whether time is to be granted for the Respondent Bank to file a statement of accounts regarding the outstanding amount.
Dinesh Shankarao Deshmukh
M/s Gajanan Construction
Encore Asset Reconstruction Company Pvt. Ltd.
Ashok Menon
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
