Samaresh Dhar v. Bank of India
Case brief
What is this about?
The Debts Recovery Appellate Tribunal dismissed a review application challenging an order directing the appellant to make a pre-deposit. Upholding the mandatory nature of pre-deposit under Section 18 of the SARFAESI Act, 2002, the Court rejected the plea that the appellant, though a guarantor, was exempt from deposit. The appeal remains lodged pending compliance.
What did the court decide?
IA dismissed; appellant directed to make pre-deposit within a week; default leads to dismissal of appeal.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 238 of 2020 (Arising out of S.A. 323 of 2019 in DRT-1, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
02.02.2023 Samaresh Dhar … Appellant -VsBank of India … Respondent Mr. Dipankar Dhar with Mr. Rudra Dhar, Learned Counsel for Appellant
Mr. Debasish Chakrabarti with Ms. Anindita Das and Ms. Sharmistha Pal, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
I.A. 211 of 2021
The instant review application has been preferred by the Appellant against the order dated 4th March, 2021 passed by this Appellate Tribunal whereby the Appellant was directed to make pre deposit of Rs.1,81,47,753.00 on or before 31st March, 2021 failing which the appeal shall stand lodged automatically.
The appeal, being Diary No. 238 of 2020, was filed by the Appellant on 11th March, 2020 against the order dated 14th February, 2020 passed by the Learned Debts Recovery Tribunal-I, Kolkata whereby the following reliefs were sought for :
- “ A. For an order setting aside the impugned order dated 14.02.2020 passed by Sri Narinder Nath Khanna, the Presiding Officer of the Learned Debts Recovery Tribunal-1, Kolkata, in S. A. No. 323 of 2019;
Issues for consideration
3 issues framed by the court
Whether the Appellate Tribunal erred in directing the appellant to make a pre-deposit under Section 18 of the SARFAESI Act, 2002 before entertaining the appeal.
Whether a review application filed on the ground that the appellant is not the borrower is maintainable when the appellant was recorded as a guarantor in the impugned order.
Whether the mandatory provision for pre-deposit under Section 18 of the SARFAESI Act, 2002, allows for waiver or exemption.
Parties & counsel
- appellant
Samaresh Dhar
- respondent
Bank of India
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · February
- CNR
- 191090002382020
- Topic
- Banking and Recovery
All orders in this case
9 orders share this CNR
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