Ms S S Trade Link v. Hdfc Bank

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

Diary No. 146 of 2022

(Arising out of I.A. 1114 of 2021 in S.A. 303 of 2018 in Debts Recovery Tribunal-II, Kolkata)

THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

14.02.2023	M/s. S.S. Trade Link & Another … Appellants -Vs- HDFC Bank Limited & 3 Others … Respondents
	Mr. Sanjib Kuma Mukhopadhyay, Learned Counsel for the Appellants
	Mr. Samik Basu, Learned Counsel for Respondents No. 1, 2 and 3/Bank

THE APPELLATE TRIBUNAL :

I.A. 446 of 2022

This is an application filed by Appellant praying waiver from making pre deposit as demanded under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. 2. Heard the Learned Counsel for the parties and perused the record. Instant appeal has been preferred by the Appellant against an order passed by the Learned Debts Recovery Tribunal-II, Kolkata dismissing I.A. 1114 of 2021. I.A. 1114 of 2021 was filed for amendment of SARFAESI Application.

3. Appeal is filed under Section 18 of the SARFAESI Act. In support of the waiver application Learned Counsel for Appellant submits that the instant appeal is filed against an interim order which did not require any pre deposit. Since Applicant has deposited the requisite Court fee, accordingly, Applicant be granted waiver from making the pre deposit.