The Debts Recovery Appellate Tribunal heard an interim application seeking waiver of pre-deposit while an appeal was pending against a DRT order. The court held no pre-deposit was required as the debt was not adjudged due and allowed the application.
Interim application for waiver of pre-deposit of Rs.2.21 crores was 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.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA (CAMP-HYDERABAD) Dy. No.131 of 2019
(Arising out of OA No.591of 2018in DRT-II, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
27.06.2023
Bysani Sudheer & Others… Appellant
-Vs-
City Union Bank Ltd. ..Respondent
Mr. N. Srinivas Ld. Counsel for the Appellant
Ms. Ch. Laxmi Chaya Ld. Counsel for the Respondent
THE APPELLATE TRIBUNAL:
I.A.230/2023 is filed for waiver of pre-deposit of Rs.2.21 crores.
Instant appeal has been preferred against the interim order dated 09.04.2019 passed in OA.591/2018 dismissing the IA.4216/2018.
Learned counsel for the appellant submits that the appeal is preferred against the interim order in an application moved u/s 19 of the RDB Act. Ld. Counsel for the appellant relied upon the judgment of Hon’ble Calcutta High Court in Sutapa Chatterjee & Anr. v. UCO bank & Ors., in C.O.No.4051 of 2012, decided on 12.03.2013 , wherein it was held (para 21) “ As at the time of preferring the appeal, no amount of debt was adjudged to be due from the petitioners or either of them to the bank under Section 19 of the Act.” That was a case wherein an interim order was challenged.
Having considered the submissions, I find that in the instant matter, there is no requirement of pre-deposit of Rs.2.21 crores. Accordingly, IA .230/23 is allowed.
Let the Appeal be registered by providing a regular number.
Contd..2/-
:: 2 ::
Dy. No.131 of 2019
Respondent is represented through Ch. Laxmi Chaya, Ld. Advocate. Opposition may be filed within four weeks and rejoinder by two weeks thereafter.
List on 04.09.2023 for hearing the appeal.
(Anil Kumar Srivastava, J) Chairperson
Dated 27th June, 2023
1 issue framed by the court
Whether the pre-deposit requirement under Section 19 of the RDB Act applies when no debt is adjudged due at the time of appealing an interim order.
Colour shows how this judgement treated each authority
Sutapa Chatterjee & Anr. v. UCO bank & Ors.Referred¶13
C.O.No.4051 of 2012, decided on 12.03.2013
Bysani Sudheer
City Union Bank Ltd.
Anil Kumar Srivastava
As recorded by the court registry
13 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
