Dismissed
Techtrans construction india Pvt. Ltd. v. State bank of india
DRATREGULAR APPEAL/19/2022
What the court decided
AI extract
Outcome
Dismissed
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 19 of 2022) (Arising out of T.S.A. No. 440 of 2017 in DRT -II Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
30.03.2023 M/s Techtrans Construction India Pvt. Ltd. and ors … Appellant -VsState Bank of India Mr. N. Srinivas, Learned Counsel for the Appellant Ms. Rakhi Purnima Paul, Learned Counsel for the Respondent.
THE APPELLATE TRIBUNAL :
Learned Counsel for the Appellant submits that the Appellants have filed a writ petition No. 12559 of 2023 before Hon’ble High Court of Telangana challenging the vires on Section 18 of the SARFAESI Act along with a prayer to set aside the order passed by this Tribunal on 09.01.2023. Learned Counsel conceded that the Writ Petition has not been admitted. No interim order is passed by the Hon’ble High Court.
In such circumstances since there is no stay order passed by the Hon’ble High Court further even the Writ Petition is not admitted and the Appellant has not complied the order dated 09.01.2023 for making a pre deposit of 50%, hence, the Appeal is liable to be dismissed for want of making pre deposit. Accordingly, Appeal is dismissed for
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want of making pre-deposit in compliance of the order dated 09.01.2023.
Pending I.A.s if any, are disposed of accordingly. Interim order, if any, stands vacated.
Copy of the order be supplied to the Appellant and the Respondent and the copy be also forwarded to the concerned DRT.
File be consigned to Record Room.
Order dictated, signed, dated and pronounced in open Court today.
(Anil Kumar Srivastava,J) Chairperson
Dated 30th March, 2023
5/tp
M/s Techtrans Construction India Pvt. Ltd. and ors
State Bank of India
Anil Kumar Srivastava
As recorded by the court registry
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