Kh Brojomohan Singha v. Punjab National Bank

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

(Dy. No. 654 of 2022)

(Arising out of O.A. No. 308 of 2020 in DRT -Guwahati)

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON 17.04.2023 Kh Brojomohan Singha … Appellant -VsPunjab National Bank ….Respondents Mr. Dipanjan Chakrabarty, Learned Counsel for the Appellant Mr. Abhishek Banerjee, Learned Counsel for the Respondent

THE APPELLATE TRIBUNAL

I.A. No. 437 of 2022 application for waiver from making pre deposit under Section 18 of the SARFAESI Act. Instant appeal is filed against a judgment and order passed by Ld. DRT Guwahati in O.A. No. 308 of 2020 wherein a decree of Rs. 63,94,414.8p (Rupees sixty three lakhs ninety four thousand four hundred fourteen and paise eight) with pendente lite and further interest @ 13.30% per annum with monthly rests from 06.10.2020 is passed against the appellant who is the borrower.

Learned Counsel for the Appellant submits that no liability can be fixed upon him as fraud was played upon the Appellant. He raised this plea before the Ld. DRT. A criminal case is pending before the Jurisdictional Magistrate.

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Hence, no liability can be fastened upon him and he is not liable to make any pre deposit for maintaining the appeal. Learned Counsel for the Appellant has placed reliance upon three judgments i.e. (i) (2021) 3 Supreme Court Cases 549 Kotak Mahindra Bank Pvt. Ltd. Vs. Ambuja Kasliwal and others (ii) (2003) 8 Supreme Court Cases 319 Ram Chandra Singh Vs. Savitri Devi and others and (iii) (2000) 3 Supreme Court Cases 581 United India Insurance Co. Ltd. Vs. Rajendra Singh and others.