The Tribunal allowed the waiver application as the appellant had deposited an amount exceeding 50% of the demand, exceeding the previously required pre-deposit. The case was listed for a final hearing on 04.07.2023.
Waiver application allowed; no further deposit required; case listed for final hearing.
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Appeal Dy. No. 448/2021 Date: 21.03.2023
M/s Rajdoot Trading Company and Ors. Vs. Oriental Bank of Commerce and Anr.
Present: Shri Ankur Gupta, counsel for the appellants, Shri J. K. Mishra, counsel for the respondent-Bank,
Heard the learned counsels for the parties on the waiver application.
Learned counsel for the appellant has drawn attention of this court to the earlier order of this Tribunal dated 21.10.2019, which is at page no. 143 of the paper book, wherein it is held that the appellant has deposited Rs. 69.00 lacs on various dates after issuance of demand notice for Rs. 61.00 lacs, which is much more than 50% of the demanded amount and this fact was not controverted by the respondent-Bank.
In view of the above, no further amount is required to be deposited by the appellants towards pre-deposit for maintaining the appeal. Accordingly, the waiver application is allowed.
Learned counsels for the parties submit that pleadings of the present case are complete, therefore, the case may be listed for final hearing.
List this case on 04.07.2023 for hearing.
Justice R. D. Khare Chairperson
Anupam
M/s Rajdoot Trading Company and Ors.
Oriental Bank of Commerce and Anr.
R. D. Khare
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
