The Appellate Tribunal granted a refund of the pre-deposit amount towards an appeal dismissed on default, as no restoration petition was filed.
Refund of the pre-deposit amount of Rs.6,00,000.00 and Rs.23,36,373.00 to the Appellants.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
I.A. 414 of 2022
In Appeal No.73 of 2013
(Arising out of S.A. 96 of 2011 in DRT-1, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
13.01.2023 Radhika Silk Mills Private Limited & 2 Others … Appellants -vsState Bank of Hyderabad & Another … Respondents Mr. Nemani Srinivas with Mr. Nikunj Berlia and Ms. Shakshi Rathi, Learned Counsel for Appellants
Ms. Mekhala Kanji, Learned Counsel for Respondent Bank
THE APPELLATE TRIBUNAL :
I.A. 414 of 2022
The instant application is for refund of the pre deposit amount which was deposited pending appeal.
Appeal No. 73 of 2013 was dismissed on default on 24th August, 2022.
As per office report, an amount of Rs.6,00,000.00 and Rs.23,36,373.00 was deposited as Fixed Deposits in Indian Bank (erstwhile Allahabad Bank) in Accounts No. 50458856128 and 50484090194 with TDR No. 379841 and 380070. It is also reported by the office that no restoration petition has been filed after dismissal of the appeal.
Since the amounts were deposited towards pre deposit in compliance of the order dated 4th March, 2019, the same be refunded to the Appellant in accordance with law.
Accordingly, I.A. 414 of 2022 is disposed of.
(Anil Kumar Srivastava,J) Chairperson
Dated: 13th January, 2023 11/ac
Radhika Silk Mills Private Limited & 2 Others
State Bank of Hyderabad & Another
Anil Kumar Srivastava
As recorded by the court registry
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