Shanti Chelani v. Uco Bank

Appeal Dy. No. 1223/2023 Date: 07.12.2023

Shanti Chelani Vs. UCO Bank

Present: Shri V. K. Shukla along with Shri Nitin Agarwal, counsels for the appellant,

Heard the learned counsel for the appellant.

The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 08.06.2023 passed by the Tribunal below in S.A. No. 15/2023.

Learned counsel for the appellant submits that Rs. 2.00 lacs has already been deposited by the appellant on 11.09.2023 in the loan account and she is ready to further deposit Rs. 1.00 lac within two days. It is further contended that the Tehsildar has given notice dated 07.02.2023 for taking possession of the property in question as the appellant is an old lady of 76 years, therefore, her interest may be protected.

In view of the above and the fact that the appellant has deposited total amount of Rs. 3.00 lacs including the aforesaid amount, which is to be deposited within two days, against the demand of Rs. 5.00 lacs and odd. As such no further amount is required to be deposited by the appellant for maintaining the present appeal. Accordingly, the waiver application is allowed subject to deposit of Rs. 1.00 lac.

Let the notices be issued to the respondents on the delay condonation application by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.