The RDB Act Tribunal held that the appellant failed to deposit mandatory 25% pre-deposit as required under Section 21. The appeal stands dismissed unless the amount is deposited. If deposited, the matter is listed for further hearing.
Dismissal of appeal unless 25% debt is deposited by the next date fixed.
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Regular Appeal No. 57/2018 Date: 09.05.2023
Prabhakar B Naphade Vs. Syndicate Bank & Ors.
Present: Shri Rakesh Mishra, counsel for the appellant, None for the respondent-Bank,
In the present case, the appellant has not deposited any amount towards minimum deposit of 25% of the debt due, which is mandatory in nature as per second proviso of section 21 of the said Act. Therefore, the appellant is directed to deposit minimum 25% of the debt determined by the Tribunal below under section 19 of the RDB Act for entertaining the appeal, which is mandatory in nature, by the next date fixed. If the appellant does not deposit the said amount prior to the next date fixed, 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 time as stipulated above, list this case on 08.08.2023 for hearing on waiver of the rest 25% of the amount due.
Justice R. D. Khare Chairperson
Anupam
1 issue framed by the court
Whether the appellant is entitled to entertain an appeal without depositing 25% of the debt as per Section 21 of the RDB Act.
3 provisions across 3 enactments
Prabhakar B Naphade
Syndicate Bank & Ors.
R. D. Khare
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
