The Tribunal allowed an application for waiver of pre-deposit under Section 18(1) of the SARFAESI Act, noting secured assets were sold for more than the notice amount, and admitted the appeal for hearing.
IA No.407/2022 and IA No.333/2022 for waiver from making pre-deposit under Section 18(1) of SARFAESI Act allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL: KOLKATA CAMP COURT AT DRT, CUTTACK
IA No.407/2022 & IA No.333/2022 IN
Diary No.75 of 2021
(Arising out of SA No.44 of 2018 in DRT-Cuttack) THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
05.01.2023
Dr. Chittaranjan Das …. Appellant
-Vrs.-
A.O. State Bank of India, SARB,
Bhubaneswar & Others …. Respondents
Mr. N. K. Sahoo, Learned Counsel for the Appellant Mr. B. N. Udgata, Learned Counsel for the Respondent No.1 None for the Respondent No.2 & 3.
THE APPELLATE TRIBUNAL:
waiver from making pre deposit under Section 18(1) of SARFAESI Act are allowed.
List this appeal on 22/03/2023 at Kolkata for hearing of appeal.
(Anil Kumar Srivastava, J) Chairperson
Dated:5th January, 2023
1 issue framed by the court
Whether the waiver of pre-deposit under Section 18(1) of the SARFAESI Act should be allowed given the sale of secured assets exceeding the disputed amount.
1 provisions across 1 enactments
Dr. Chittaranjan Das
A.O. State Bank of India, SARB, Bhubaneswar
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
