Smti Nalina T v. Canara Bank
Case brief
What is this about?
The Debt Recovery Appellate Tribunal dismissed the appeal as not maintainable for failure by the appellant to deposit the required sum as ordered on 02.03.2023, upholding the mandatory nature of pre-deposit under RRT Act.
What did the court decide?
The appeal was dismissed as not maintainable for non-compliance of pre-deposit order.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Appl Dy No. 127 of 2022 (Arising out of O.A. 18 of 2019 in DRT Guwahati) THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
05.06.2023
Nalina T. & Anr.
… Appellants Vs.
Canara Bank
….. Respondent
For Appellant : Mr. Jibantaraj Roy, ld. Counsel For Respondent : Ms. Sangeeta Ghosh, ld. Counsel. Mr. Sovik Ghosh, ld. Counsel
THE APPELLATE TRIBUNAL :
Heard learned counsel for the parties and perused records.
Compliance of the order dated 02.03.2023 regarding predeposit is not made. Learned counsel for the appellant submits that OTS proposal as was floated by the appellant was neither accepted nor rejected by the respondent bank.
As far as pre-deposit is concerned a detailed order was passed by this Tribunal on 02.03.2023. Pre-deposit is a mandatory provision of law. Order dated 02.03.2023 is not complied with. Accordingly appeal is dismissed as not maintainable for want of pre-deposit. No order as to costs.
Issues for consideration
1 issue framed by the court
Whether appeal is maintainable in view of non-compliance of pre-deposit order passed by the Tribunal on 02.03.2023.
Parties & counsel
- appellant
Nalina T. & Anr.
- respondent
Canara Bank
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 191090001272022
- Topic
- Arbitration
All orders in this case
9 orders share this CNR
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