Disposed

Abhiram Infra Projects Private Limited and Others v. Hdfc Bank

DRAT23 Aug 2023MISC APPEAL/16/2023

Case brief

AI extract

What is this about?

The Tribunal allowed two interim applications. The first sanctioned the condonation of a ten-day delay in filing the merits appeal. The second waived the pre-deposit requirement under Section 21 RDB Act pending the adjudication of an interim order under Section 19.

What did the court decide?

Application I.A. 294 allowed; delay condoned. Application I.A. 295 allowed; pre-deposit waived.

Abhiram Infra Projects Private Limited and Others versus… — Insolvency and Bankruptcy | DRAT (2023)

¶1

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

¶2

Misc. Appeal Diary No. 495 of 2023

¶3

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

¶4

23.08.2023	Abhiram Infra Projects Private Limited & 4 Others … Appellants -Vs- Housing Development Finance Corporation Limited (HDFC) … Respondent
	Mr. Nemani Srinivas, Learned Counsel for Appellants
	Mr. Pratik Ghose with Mr. Avishek Roy Chowdhury, Learned Counsel for Respondent

¶5

THE APPELLATE TRIBUNAL :

¶6

I.A. 294 of 2023

¶7

Application for condonation of delay in filing the appeal. Instant appeal is filed against order date3d 15^th June, 2023 passed by Learned DRT-II, Hyderabad. Appeal is filed on 26^th July, 2023. There is delay of ten days in filing the appeal. Delay is not intentional and was caused in preparing the appeal.

¶8

Learned Counsel for Respondent Bank orally objected and submitted that no ground has been made out for condoning the delay.

¶9

I have heard the Learned Counsel for the parties and have perused the record. I find the ground to be sufficient for condoning the delay.

¶10

Application being I.A. 294 of 2023, is allowed. Delay in filing the appeal is condoned.

¶11

¶12

I.A. 295 of 2023

¶13

An application under Section 21 of the Recovery of Debts And Bankruptcy Act, 1993 for waiver from making pre-deposit.

¶14

The appeal is filed against an interim order dated 15^th June, 2023 passed in O.A. proceedings under Section 19 of the Recovery of Debts And Bankruptcy Act, 1993 which is pending. Since the O.A. proceedings is still pending, there is no provision for making pre deposit under Section 21 of the Recovery of Debts And Bankruptcy Act, 1993. Accordingly, I.A. 295 of 2023 is allowed.

¶15

Respondents may file opposition within three weeks with copy to the Appellant. Rejoinder, if any, be filed within two weeks thereafter.

¶16

Appeal be admitted and regular appeal number be provided.

¶17

List on 20^th November, 2023 for hearing of appeal.

¶18

(Anil Kumar Srivastava,J) Chairperson

¶19

01/ac

¶20

Dated 23^rd August, 2023

Abhiram Infra Projects Private Limited and Others v. Hdfc Bank

Case brief

What is this about?

What did the court decide?

Abhiram Infra Projects Private Limited and Others v. Hdfc Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ritesh Kumar Rupesh Kumar Loh-Ispat Private Limited versus State Bank of India

Ms Patneswar Rice Mill versus State Bank of India

Deepak Agarwal And Another versus Punjab National Bank

M/S Marboh Bamboo Products Pvt. Ltd. versus State Bank of India

Ganga Ravi Kumar versus Union Bank of India (Andhra Bank)

Subhash Chandra Kundu versus Uco Bank