Sri Dharani Enterprises v. Icici Bank Limited
Case brief
What is this about?
Appeal dismissed as not maintainable for lack of compliance with pre-deposit requirement under Section 19 of the SARFAESI Act, despite argument on interest calculation.
What did the court decide?
The appeal is dismissed as not maintainable for want of pre-deposit.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 618 of 2022
(Arising out of M.A.10 of 2018 in O.A.414 of 2013 in DRT, Vishakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
24.04.2023 Sri Dharani Enterprises .. Appellant -VsICICI Bank Limited .. Respondent
Mr. Nemani Srinivas, Learned Counsel for the Appellant
Ms. Ishita Ghosh, representing Mr. Avishek Guha, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
Compliance of the order dated 9th February, 2023 has not been made. At this stage Learned Counsel for the Appellant submits that the Appellant has wrongly calculated the amount. It is submitted that contractual rate of interest is 10.5% while the Appellant calculated interest at the rate of more than 17.5%.
Order dated 9th February, 2023 was passed after hearing Learned Counsel for the parties. No such plea was taken at that stage. Compliance of the order dated 9th February, 2023 is not made. Since pre-deposit is not made, the appeal is not maintainable for want of pre-deposit.
Parties & counsel
- appellant
Sri Dharani Enterprises
- respondent
ICICI Bank Limited
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 191090006182022
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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