Sarvagyaa Electrical v. Hdfc Bank
Case brief
What is this about?
The Registrar dismissed the waiver application due to non-payment of the mandatory 25% pre-deposit. The appeal under Section 20 of the RDB Act, 1993 was not listed for hearing until the condition of mandating 50% pre-deposit was complied with. Next listing fixed for 12.01.2024.
What did the court decide?
Case listed for removal of remaining defect on 12.01.2024 subject to compliance with pre-deposit.
What the court decided
IN THE DEBT RECOVERY APPELLATE TRIBUNAL - ALLAHABAD
Appeal Dy. No. 1629/2023
Ld. Registrar
Date:22/12/2023
- SARVAGYAA ELECTRICAL ... Appellant
--Vs--
- HDFC BANK ... Respondent
Ld. Counsel Ms. Shweta Tripathi holding brief of Shri Raymond Gadkar is present.
The present appeal is listed today before Ld. Registrar for removal of defects.
Waiver Application (I.A. No. 1056/2023) has been filed by the appellant Counsel, however no demand draft was submitted for mandatory 25% of the decree amount.
As par RDB Act, 1993 the Condition of pre-deposit is mandatory, a complete waiver of deposit by the appellant with the Appellate Tribunal was beyond the provision of the Act, therefore no appeal of u/s 20 of RDB Act 1993 shall be listed before Hon’ble Court without complying with the condition of mandatory pre-deposit i.e. 50% of the decree amount.
Issues for consideration
2 issues framed by the court
Whether an appeal under Section 20 of the RDB Act, 1993 can be listed without mandatory pre-deposit
Whether the Appellate Tribunal can waive the statutory condition of 25% pre-deposit
Parties & counsel
- appellant
SARVAGYAA ELECTRICAL
- respondent
HDFC BANK
Coram
Ld. Registrar
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · December
- CNR
- 091090016292023
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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