M/ s Jai Hanuman Agrotech Pvt. Ltd. and Anr. v. Canara Bank and 3 Ors.

Appeal Dy. No. 1224/2022 Date: 06.01.2023

M/s Jai Hanuman Agrotech Pvt. Ltd. & Ors. Vs. Canara Bank

Present: Shri Vinod Kumar Pandey, counsel for the appellant,

Heard the learned counsel for the appellant.

The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 21.12.2022 passed by the DRT, Patna in S.A. No. 188/2022. The report of the Registrar shows that the I.A. No. 761/2022 being urgency application, I.A. No. 760/2022 being waiver application and I.A. No. 751/2022 being stay application are pending consideration.

Since the matter has been taken-up today, therefore, the urgency application being I.A. No. 761/2022 has become infructuous and is disposed off as such.

As per averment in the waiver application, the total amount due as on 02.04.2022 was Rs. 751.32 lacs plus interest and it is averred that the secured asset has been sold by the Bank for a sum of Rs. 9,13,60,000/-. As such no pre-deposit is required to be made. Accordingly, the waiver application being I.A. No. 760/2022 is allowed.

Issue notices to the respondents on the delay by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.

List this case on 13.04.2023 for service.