The DRAT allowed the appeal to be registered as a regular appeal after granting a waiver of pre-deposit under Section 18(1) of the SARFAESI Act, as the grounds for waiver were found to be made out.
Waiver from making pre-deposit granted under Section 18(1) of the SARFAESI Act; appeal registered as regular appeal.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Dy. No. 45 of 2023
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
13.12.2023
Sri Rudra Bhattacharya & Anr ... Appellants
-VsA.O. Bank of India & ors ……Respondents
Mr. Rudra
Bhattacharya Appellant in person Ms. Smriti Das with Ms. Sunita Kabi, Learned Counsel for the Respondent
THE APPELLATE TRIBUNAL :
Heard the Appellant in person on waiver application I.A. No. 31 of 2023 along with objections and perused the record. Order under challenge in the Appeal is dated 20th December 2022 wherein I.A.s were disposed of by the Learned DRT. Feeling aggrieved against the order dated 20.12.2022, Appellant preferred the Appeal with the following relief:
“The Applicant’s legitimate claim against the Bank in respect of illegally withheld money is 20% +2% = 22% in respect of the Rs.23,95,694/- from the December, 22, 2015 till the realization.”
Appellant in person has placed reliance upon an order of this DRAT dated 12.04.2018 passed in Application No. 168 of 2018 in Tender No. 17 of 2018 and order dated 18.11.2020 passed in I.A. No. 240 of 2020. On the strength
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of those orders, Appellant submits that he is not challenging the auction sale conducted by the Bank. It is further submitted that earlier waiver from making pre deposit was granted to him in the above referred two orders. Hence his appeal may be registered and be disposed of on merits. Learned Counsel for the Respondents argued the matter on merits which did not touch the issue on waiver.
Having considered the submissions, I found that the ground for waiver from making pre deposit under Section 18 (1) of the SARFAESI Act is made out. Accordingly, Appellant is allowed to pursue the Appeal and waiver from making pre deposit is granted. Let the Appeal be registered as regular appeal by providing a regular appeal number. Opposition has already been filed by the Respondents. Appellant may file the rejoinder if any, within a week.
List on 5th January, 2024 for hearing of Appeal. It is made clear that no adjournment shall be granted.
(Anil Kumar Srivastava,J) Chairperson
Dated 13th December, 2023 3/tp
2 issues framed by the court
Whether the appellant is entitled to a waiver of pre-deposit under Section 18(1) of the SARFAESI Act.
Whether the appeal under Section 18(1) of the SARFAESI Act should be registered as a regular appeal.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Rudra Bhattacharya & Anr
Bank of India & ors
Anil Kumar Srivastava
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
