M/ S Kamlesh Dairy and 2 Ors. v. Indian Bank and Anr.

Appeal Dy. No. 1211/2022 Date: 24.01.2023

M/s Kamlesh Dairy Vs. Indian Bank & Ors.

Present: Shri Namit Kumar Sharma, 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 07.12.2022 passed by the DRT, Lucknow in S.A. No. 572/2022, by which the S.A. has been dismissed on the ground that no specific relief has been claimed in the aforesaid S.A., therefore, no relief can be granted. The report of the Registrar dated 17.01.2023 shows that I.A. No. 752/2022 being urgency application, I.A. No. 751/2022 being waiver application and I.A. No. 750/2022 being stay application have been filed.

Since the matter has been taken up today, therefore the urgency application being I.A. No. 752/2022 has become infructuous and is disposed off as such.

The aforesaid report also shows that no pre-deposit has been made and as per demand notice, the dues against the appellant was shown to be Rs. 15,43,963.52 as on 12.04.2020 along with interest. It has been stated in the waiver application that an amount of Rs. 22,67,163/- of the appellant is lying with the Bank.

Issue notice to the respondents on the stay and waiver applications 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 21.04.2023 for service.