The Tribunal rectified a typographical error in an earlier order regarding the correct pre-deposit amount. The appellant was directed to pay 50% of the corrected sum within six weeks.
I.A. for correction of order dated 21.06.2023 allowed; order rectified to reflect correct pre-deposit amount of Rs. 69,14,08,525/-.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Appl. Dy No. 83 of 2019 THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
13.10.2023
Sol Backbay Aqua Ltd. & Anr.
… Appellants Vs.
Liquidation Industrial Investment Bank of India & Anr.
….. Respondents
For Appellant : Mr. Nemani Srinivas, ld. Advocate Mr. Monomohan Basu, ld. Advocate.
For Respondents : Mr. Joy Saha, ld. Senior counsel for resp.no.2
Mr. Tanish Ganariwala, ld. Advocate.. Mr. Soudip Pal Chowdhury, ld. Advocate.
THE APPELLATE TRIBUNAL :
Heard learned counsel for respondent no.2 on I.A. 344 of 2023 along with objection filed by the appellant and perused the records.
An order was passed 21.06.2023 by this Appellate Tribunal directing the appellant to make pre-deposit. The order will show that a decree was passed by learned DRT in the O.A. proceeding for an amount of Rs. 2,64,98,733/- with current and future interest @ of 16.50% per annum with quarterly rests from 15.11.1998 till the date of realization. This was the amount of debt due ascertained by learned DRT. It appears that in the order dated 21.06.2023 that a typographical error has crept in para 13 wherein an amount of Rs.66,62,059.53 (inclusive of interest) was shown as due on the date of filing the appeal. It was also recorded in the order that an amount of Rs.2,52,02,572/- deposited by the appellant would be adjusted. This amount of Rs.66,62,059.53 was wrongly typed and the amount should have been Rs.69,14,08,525/-, which comes as under :
| Principal as on 15.11.1998 | 2,64,98,733/- |
|---|---|
| Add : Interest @ 16.5%pa from 15.11.98 to 08.09.17 | 52,89,85,392/- |
| Less, Credit for deposit made on 08.09.17 | (2,52,02,572/- |
| Add : Interest @ 16.5%p.a. from 09.09.17 to 08.04.19 | 16,11,26,972/- |
| Total (Principal + Interest after adjusting Rs.252,02,572/- |
It is a typographical error which could be and should be corrected. Accordingly, I.A. 344 of 2023 is allowed. Necessary correction has already carried out in the order dated 21.06.2023 wherein an amount of Rs.66,62,059.53 was deleted and Rs.69,14,08,525/- was recorded. Accordingly, I.A. is disposed of.
Appellant should made pre-deposit of 50% of the amount as per order dated 21.06.2023 which is corrected today within a period of six weeks from today.
List on 13.12.2023 for further order.
(Anil Kumar Srivastava, J) Chairperson
Dated : 13.10.2023 – 15 /pkb
1 issue framed by the court
Whether an order containing a typographical error in the pre-deposit amount calculation should be corrected.
Sol Backbay Aqua Ltd. & Anr.
Liquidation Industrial Investment Bank of India & Anr.
Anil Kumar Srivastava
As recorded by the court registry
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