ms seth sriniwas agarwal memorial samiti v. Bank of Baroda
Case brief
What is this about?
Listed for admission. Appellant filed appeal under Section 18 SARFAESI Act challenging interin DRT order. Waiver application filed seeking exemption from pre-deposit after depositing excess amount.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Appeal Dy. No. 808/2023 Date: 06.07.2023
M/s Seth Sriniwas Agarwal Memorial Samiti Vs. Bank of India
Shri Ashutosh Goswami, Ld. Counsel for the appellant is present.
Ld. Counsel for the appellant mentioned Pin Code Number and fee details at para 10. Ld. Counsel filed notice u/s 13(2) and 13(4). Ld. Counsel for the appellant also provides Dates and Events and Rs. 5 on Vakalatnama. Ld. Counsel filed Waiver Application (I.A. No. 530/2023) and in his application appellant has stated that the appellant have deposited more than the total dues of the Bank rather Rs. 1,23,09,247/- deposited more than the actual total dues of the Bank and prayed for grant of Waiver from pre-deposit.
The present appeal has been filed by appellant under section 18 of the SARFAESI Act against the interim order dated 21.06.2023 passed by DRT, Allahabad in S. A. No. 47/2023. Urgency Application (I.A. No. 504/2023) and Waiver Application (I.A. No. 830/2023) has been filed.
List this case before Hon’ble Court on 20.07.2023 for admission.
Registrar
Issues for consideration
2 issues framed by the court
Whether the waiver of pre-deposit is granted to the appellant considering the deposited amount exceeds the actual dues.
Whether urgency application and waiver application admitted under the SARFAESI Act.
Parties & counsel
- appellant
M/s Seth Sriniwas Agarwal Memorial Samiti
- respondent
Bank of India
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 091090008082023
- Topic
- Banking and Recovery
All orders in this case
3 orders share this CNR
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