Mr Ranjeet Darshan Punjabi v. Bank of Baroda
Case brief
What is this about?
The Debt Recovery Appellate Tribunal, Mumbai, considered an application for waiver of deposit for filing an appeal. The court directed the appellant to make a pre-deposit of ₹6 lakhs in two instalments. Upon timely payment of the first instalment, further SARFAESI measures initiated by the respondent bank were stayed.
What did the court decide?
Pre-deposit of ₹6,00,000 directed; first instalment payment stays further SARFAESI measures.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 33/2023 (WoD) In Appeal on Dairy No. 31/2023
Between
Ranjeet Darshan Punjabi … Appellant/s V/s.
Bank of Baroda. Advocate for Appellant is present.
…Respondent/s
Mr Rajesh Shetha, along with Mr Chetan Shah, Advocate for Respondent Bank.
-: Order dated: 16/01/2023:-
The matter is taken up for hearing by way of Praecipe filed by the Appellant seeking urgent relief. This is an application for waiver of deposit filed u/s. 18 (1) of the Securitisation & Reconstruction of Financial Assets & Security Interest Act, 2002 (‘SARFAESI Act’, for short) challenging the impugned interim order of the Ld. Presiding Officer dated 26.12.2022 in Securitization Application (S.A.) No. 261/2022 on the files of the Debts Recovery Tribunal.-III, Mumbai(D.R.T.).
- The Appellant is the Applicant who had approached the D.R.T. with the aforesaid S.A., challenging the Sarfaesi measures initiated by the Respondent Bank for the recovery of the amount due from him. The Appellant challenges the measures on the ground that
Issues for consideration
1 issue framed by the court
Whether an appellant must make a pre-deposit to entertain an appeal against a stay order in SARFAESI proceedings.
Parties & counsel
- appellant
Ranjeet Darshan Punjabi
- respondent
Bank of Baroda
Coram
Ashok Menon
Case details
As recorded by the court registry
All orders in this case
3 orders share this CNR
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