Rudra Bhattacharya and Anr. v. Bank of India
A compact analysis
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 45 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
07.08.2023 Rudra Bhattacharya & Another … Appellants -VsAuthorised Officer, Bank of India & 4 Others ... Respondents Mr. Rudra Bhattacharya, for Appellant in person
Ms. Smriti Das led by Mr. Ramesh Chandra Prusti, Learned Counsel for the Respondents No. 1 and 2/Bank
THE APPELLATE TRIBUNAL :
I.A. 31 of 2023
Application under Proviso 2 of Section 18 (1) of the SARFAESI Act, 2002 for waiver from making pre deposit.
Appellant is present in person. He presses the waiver application. He also places reliance upon an order annexed with the waiver application passed in Application No. 168 of 2018 in Tender No. 17 of 2018 dated 12th April, 2018 whereby benefit of sale proceeds was granted to the Appellant for consideration of the waiver application. However, The Hon’ble Apex Court in the case of M/s Sidha Neelkanth Paper Industries Private Limited & Another -vsPrudent ARC Limited & Ors [2022 LiveLaw (SC) 11] has held that the Appellant cannot take advantage of the sale proceeds of the auction proceedings.
Parties & counsel
- appellant
Rudra Bhattacharya & Another
- respondent
Authorised Officer, Bank of India & 4 Others
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
12 orders share this CNR
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