Appellant withdrew its waiver application to deposit money required to maintain the appeal. The Tribunal dismissed the appeal for lack of maintainability due to failure to make the pre-deposit under Section 18(1) of the SARFAESI Act, 2002.
Appeal dismissed for want of pre-deposit required under Section 18(1) of the SARFAESI Act, 2002.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl Dy No. 273 of 2018
(Arising out of S.A. 1115 of 2017 in DRT-2 Hyderabad)
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
28.04.2023
M/s. Vasantha Surgical Equipments
… Appellant Vs.
State Bank of India & Ors. ….. Respondents
For Appellant : Mr. Nimes Mishra, ld.counsel Mr. Ankit Chatterjee,ld. Counsel. For Respondent: Mr. Debasish Chakraborty, ld. Counsel. Ms. Sarmistha Pal, ld. Counsel.
For Respondent: Mr. Debasish Chakraborty, ld. Counsel.
THE APPELLATE TRIBUNAL :
Heard learned counsel for the parties.
Learned counsel for the appellant submits that appellant is withdrawing the waiver application being I.A. 356 of 2018 since the appellant is not in a position to make the pre-deposit for maintaining the appeal. In view of the statement made by the learned counsel for the appellant that appellant is withdrawing the waiver application, the appeal is not maintainable. Accordingly, appeal is dismissed for want of pre-deposit required u/s 18(1) of the SARFAESI Act, 2002. No order as to costs. Copy of the order be supplied to the appellant and the respondents and a copy be also forwarded to the concerned DRT.
Copy of the judgement/Final Order be uploaded in the Tribunal’s website.
Order dictated, signed and pronounced by me in the open Court on this the 28th day of April, 2023.
(Anil Kumar Srivastava, J) Chairperson
Dated : 28.04.2023 07/pkb
1 provisions across 1 enactments
M/s. Vasantha Surgical Equipments
State Bank of India & Ors.
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
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