Mehar Chand and Anr. v. Punjab National Bank and Anr.
Case brief
What is this about?
Single judge allowed the appellant's waiver application for maintaining the appeal by accepting the deposited 25% pre-deposit. The appeal is adjourned for notices to be sent on the pending delay condonation application.
What did the court decide?
Waiver application allowed; no further pre-deposit required; notice issued on delay condonation application.
What the court decided
Appeal Dy. No. 1092/2022 Date: 13.03.2023
Mehar Chand Vs. Punjab National Bank & Ors.
Present: Shri Gautam Kumar, counsel for the appellant,
Heard the learned counsel for the appellant on the waiver application being I.A. No. 668/2022.
Learned counsel for the appellant contends that he has deposited Rs. 2.25 lacs towards pre-deposit, which is 25% of the amount due, therefore, the waiver application may be allowed.
In view of the aforesaid, the waiver application filed by the appellant is allowed and no further amount is required to be deposited for maintaining the appeal.
The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 01.09.2022 passed by the DRT, Dehradun in T.M.A. No. 01 of 2022. The report of the Registrar dated 17.02.2023 shows that I.A. No. 669/2022 being delay condonation application is pending consideration.
Issue notice to the respondents on the delay condonation application 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 16.05.2023 for service.
Issues for consideration
1 issue framed by the court
Whether the appellant's waiver application for pre-deposit of 25% of the amount due can be allowed to maintain the appeal.
Parties & counsel
- appellant
Mehar Chand
- respondent
Punjab National Bank
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · March
- CNR
- 091090010922022
- Topic
- Banking and Recovery
All orders in this case
9 orders share this CNR
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