Shri Rajendra Soni and Ors. v. Bank of Baroda
Case brief
What is this about?
The Court fixed 30 days for the appellant to deposit 25% of the amount due towards pre-deposit under Section 18 of the SARFAESI Act. Failure to comply will result in the appeal being dismissed as not entertainable without further reference.
What did the court decide?
Ordered deposit of 25% of the amount due within 30 days to entertain the appeal; dismissal if not deposited.
What the court decided
Regular Appeal No. 08/2022 Date: 20.03.2023
Shri Rajendra Soni & Ors. Vs. Bank of Baroda
Present: Shri Prakhar Tandon, Advocate holding brief of Shri V.K. Shukla, counsel for the appellants, Shri Avinash Jaiswal, counsel for the respondent-Bank, None for the respondent-Auction Purchaser,
Learned counsel for the appellant submits that the amount of pre-deposit as per law shall be deposited by the next date.
Learned counsel for the respondent-Bank submits that the appellant may be directed to deposit the amount towards predeposit within a month as per mandatory provision of section 18 of the SARFAESI Act.
As prayed, let the appellant deposit 25% of the amount due within 30 days from today for entertaining the appeal. If the appellant does not deposit the said amount within the stipulated period, the appeal shall stand dismissed as not entertainable for want of mandatory pre-deposit without further reference to this court. If the said amount is deposited by the appellant within the stipulated period, list this case on 24.04.2023 for hearing on waiver of the rest 25% of the amount due.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Whether the appellant is required to deposit 25% of the amount due as pre-deposit within 30 days for entertaining the appeal.
Parties & counsel
- appellant
Shri Rajendra Soni & Ors.
- respondent
Bank of Baroda
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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