The Debt Recovery Appellate Tribunal dismissed the appeal for failure to make the required pre-deposit under Section 18(1) of the SARFAESI Act, despite the appellant's claim of a pending writ petition.
Appeal dismissed for want of pre-deposit under Section 18(1) of the SARFAESI Act, 2002.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl No. 20 of 2022 (Arising out of T.S..A. 441 of 2017 in DRT-2 Hyderabad)
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
27.04.2023
M/s. Nandini Industries (I) Pvt. Ltd. & Ors. … Appellants Vs. State Bank of India ….. Respondent
For Appellant : Mr. Nemani Srinivas, ld.counsel
For Respondent: Mr. Mukul Banerjee, ld. Counsel.
THE APPELLATE TRIBUNAL :
Compliance of the order dated 22.03.2023 regarding predeposit is not made. However, learned counsel for the appellant submits that a Writ Petition is filed, but there is no stay order on record. Accordingly, appeal is dismissed for want of pre-deposit as 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 27th day of April, 2023.
(Anil Kumar Srivastava, J) Chairperson
Dated : 27.04.2023 07/pkb
1 provisions across 1 enactments
M/s. Nandini Industries (I) Pvt. Ltd. & Ors.
State Bank of India
Anil Kumar Srivastava
As recorded by the court registry
8 orders share this CNR
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