Mishri Bai and 2 Ors. v. subha Lakshmi Mahila Cooperative Bank And 4 Ors.
Case brief
What is this about?
Appeal against a DRT order filed under the SARFAESI Act. Appellant contends no delay condonation is needed due to late receipt of order and seeks waiver of deposit based on partial prior payment. Case listed for order.
What the court decided
A compact analysis
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Appeal Dy. No. 587/2023 Date: 25.05.2023
Mishri Bai and Ors. Vs. Subha Lakshmi Mahila Cooperative Bank
Ld. Counsel for the appellant Shri V.K. Shukla is present.
Regarding none filing of Delay Condonation Application, the appellant has submitted that the appeal is well under limitation, as the certified free copy of the impugned order was prepared on 12.04.2023 and delivered on 13.04.2023 to the appellant. Since the Appeal has been filed on 13.05.2023, hence, Delay Condonation Application is not required.
Regarding pre- deposit applicant has filed a Waiver Application on the grounds that he has already deposited 70.00 lakhs of the outstanding amount of Rs. 73,11,861/- as per the demand notice under section 13(2) dated 26.11.2018 which is mentioned in the auction notice dated 08.04.2023 at page No. 53 of the Appeal.
On the above submissions, he has prayed that the matter be placed before Hon’ble Court for arguing on the above defects.
The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 03.04.2023 passed by DRT, Jabalpur in S.A. No. 269/2023. A Waiver Application (I.A. No. 391/2023) has been filed.
List this case before Hon’ble Court on 31.05.2023 for order.
Registrar
Issues for consideration
3 issues framed by the court
Whether the appellant is required to file a Delay Condonation Application given the date of delivery of the impugned order.
Whether the appellant is required to make a pre-deposit of the outstanding amount.
Whether the pre-deposit can be waived based on a partial deposit already made under section 13(2).
Parties & counsel
- appellant
Mishri Bai and Ors.
- respondent
Subha Lakshmi Mahila Cooperative Bank
Case details
As recorded by the court registry
All orders in this case
5 orders share this CNR
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