The Appellate Tribunal directed the appellant to make a pre-deposit of 40% of the claimed debt amount to contest the appeal regarding the initiation of proceedings under Section 340 of Cr.P.C. The matter was listed for further hearing.
Direction to make pre-deposit of 40% of claimed debt within six weeks. Appeal listed for hearing.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal Dy No. 428 of 2021
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
28.03.2023
Partha Banerjee
… Appellant -Vs-
State Bank of India & Anr.
… Respondents Mr. Ramjan Kali, ld. counsel for the appellant.
Mr. S. Pal Chowdhury, ld. counsel with Ms. Saswati Sikder, ld. Counsel for the respondent
THE APPELLATE TRIBUNAL :
I.A. 324 of 2021 is filed by the appellant u/s 18 of the SARFAESI Act, 2002 praying for waiver from making pre-deposit.
Learned counsel for the appellant submits that appeal is filed against the order for initiation of proceeding u/s 340 of Cr.P.C. passed by DRT-1, Kolkata. It is further submitted that appellant would make pre-deposit as required under Section 18 of the SARFAESI Act. Learned counsel for the respondent submits that an amount of Rs.2,19,756/- is the debt due as on date along with interest. It is also submitted that as per Sec. 13(2) notice debt due was Rs.1,25,768.06.
Learned counsel for the appellant stated that they are ready to make pre-depsit to contest the appeal. However, he prayed that 25% of the claimed amount may be allowed.
Accordingly, appellant is hereby directed to make predeposit 40% of Rs.2,19,756/- within a period of six weeks from today.
Respondent may file opposition within four weeks with advance copy to the appellant who may file rejoinder within two weeks thereafter.
List on 14.07.2023 for hearing of appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 28 March, 2023 16/pkb
1 issue framed by the court
Whether the appellant should be directed to make a pre-deposit to file an appeal under Section 18 of the SARFAESI Act?
3 provisions across 2 enactments
Partha Banerjee
State Bank of India & Anr.
Anil Kumar Srivastava
As recorded by the court registry
16 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
