Saeed Khan And 4 Ors. v. Bank of Baroda and 2 Ors.
Case brief
What is this about?
An overall order listing a regular appeal under the SARFAESI Act for hearing. The court accepted the correction of the application format, the deposit of deficient court fee, and the waiver application regarding pre-deposit conditions, consolidating the appeal for hearing on the specified date.
What did the court decide?
Writ application (I.A. No. 755/23) is allowed as the pre-deposit condition is fulfilled. Appeal listed for hearing on 22.09.2023.
DEBT RECOVERY APPELLATE TRIBUNAL - ALLAHABAD
Dy. No. 1200/2023
Saeed Khan V/S BANK OF BARODA
Date: 21/09/2023
Ld. Counsel for the appellant is present.
The present case was listed for 22.09.2023, but Ld. Counsel mentioned the case and hence was taken up today.
Ld. Counsel corrected the application format and mentioned the particulars of Court fee deposited at para 10 of the Memo. Ld. Counsel deposited deficient Court fee of Rs. 233,550/- through online mode and submitted the receipt.
Ld. Counsel has filed Waiver Application (I.A. No. 755/23) on the grounds that the appellant –borrowers have deposited Rs. 62,87,315/- ,from the date of NPA i.e., 3.011.2019 till 06.09.2023, which is more than 50% of the amount Rs. 1,24,31,622/- shown as due in demand notice. Hence condition of pre-deposit is fulfilled.
All defects reconciled. Appeal is in order.
The Present Regular Appeal is filed u/s 18 of the SARFAESI Act, 2002 against the Final order dated 22.08.2023 passes in S.A. No. 593 of 2022 by DRT, Jabalpur. Urgency Application (I.A. No. 754/2023) and Waiver Applcation (I.A. No. 755/2023) filed.
Issues for consideration
1 issue framed by the court
Whether the appeal is in order after correction of defects and payment of deficient court fee.
Parties & counsel
- appellant
Saeed Khan
- respondent
Bank of Baroda
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · September
- CNR
- 091090012002023
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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