Smt Aparna Banerjee and Ors. v. State Bank of India
Case brief
What is this about?
The Tribunal allowed condonation of delay in filing the appeal. It dismissed the application for full waiver of pre-deposit under the RDB Act and retained Section 18 SARFAESI Act deposit requirements but ordered a reduced 40% deposit for equitable reasons.
What did the court decide?
I.A. 459 of 2022 allowing condonation of delay allowed; I.A. 175 of 2022 dismissing full waiver allowed with direction to deposit 40% within eight weeks.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 87 of 2021
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
02.03.2023 Smt. Aparna Banerjee & 2 Others … Appellants
-Vs-
State Bank of India
… Respondent
Mr. Arindam Das with Md. Bari Israil, Learned Counsel for Appellants
Mr. Pankaj Kumar Mukherjee, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
I.A. 459 of 2022
In this application Appellants have prayed for condonation of delay in filing the appeal.
Issues for consideration
3 issues framed by the court
Whether delay in filing the appeal can be condoned under I.A. 459 of 2022.
Whether waiver of pre-deposit under Section 21 of the Recovery of Debts and Bankruptcy Act, 1993 can be granted in cases of housing loan involving deceased husband.
Whether Section 18 of the SARFAESI Act mandates 50% deposit or allows reduction to 25% in cases challenging loan repayment and asset sale.
Parties & counsel
- appellant
Aparna Banerjee & 2 Others
- respondent
State Bank of India
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · March
- CNR
- 191090000872021
- Topic
- Banking and Recovery
All orders in this case
7 orders share this CNR
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