Mayank Anand v. Indian Bank
Case brief
What is this about?
List order of the Debt Recovery Tribunal (Dehradun) accepting an appeal filed against an interim order under Section 18 of the SARFAESI Act, noting compliance with fee and waiver application requirements, and fixing the case for admission.
What the court decided
A compact analysis
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Appeal Dy. No. 70/2023
(Mayank Anand Vs. Indian Bank)
Date: 14.02.2023
Shri Avinash Kumar, holding brief of Shri Abhishek Khare, Ld. Counsel for the appellant is present and submitted certified copy of the impugned order dated 11.11.2022 as well as order dated 07.12.2022 and also filed affidavit in support of the Waiver Application. Defects reconciled. Proper court fee paid.
As regard to pages pointed out illegible by registry, Ld. Counsel undertakes that he will file legible/typed copy of the same if desired by the Hon’ble Court. Further, regarding Delay Condonation Application, Ld. Counsel states that the same is not required as he limitation is covered by Hon’ble High Court order dated 07.01.2023, wherein it has been directed that if petitioner approach the Appellate Authority within a period of ten days, his appeal shall be entertained and decided on merits in the matter (page 180). The instant appeal has been filed online on 17.01.2023. Hence, Appeal is within limitation.
No Pre-deposit has been made by the Appellant. A waiver Application being I.A. No. (81/2023) has been filed stating that alleged dues have been realized by the respondent-Bank by selling the property in e-auction held on 14.03.2022 and prayed for waiving the pre-deposit.
The instant Appeal has been filed under section 18 of the SARFAESI Act against interim order dated 11.11.2022 passed by DRT, Dehradun in S.A. No. 86/2022. Appellant has also filed Waiver Application being I.A. No. 81 /2023.
List this case before Hon’ble Chairperson on 27.02.2023 for admission.
Parties & counsel
- appellant
Mayank Anand
- respondent
Indian Bank
Case details
As recorded by the court registry
All orders in this case
5 orders share this CNR
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