Vijay Kumar v. Union Bank of India
Case brief
What is this about?
In an appeal regarding a sum due from the appellant to Union Bank of India, the court allowed time to file a rejoinder on the waiver application and ordered that a portion of the pre-deposit be maintained in a Fixed Deposit Receipt with auto-renewal.
What did the court decide?
Time granted to file rejoinder; Rs. 7.00 lacs of pre-deposit to be kept in FDR with auto-renewal.
What the court decided
Appeal Dy. No. 1002/2022 Date: 01.12.2023
Vijay Kumar Vs. Union Bank of India
Present: Shri Satyajeet Mukherjee, counsel for the appellant, Shri Sandeep Arora, counsel for the respondent-bank,
The office report dated 30.11.2023 shows that the reply has been filed by the respondent-Bank to the waiver and stay applications.
Learned counsel for the appellant submits that against the demand of Rs. 42,82,516.32, he has deposited total a sum of Rs. 22.00 lacs toward pre-deposit, therefore, no further amount is required to be deposited towards pre-deposit.
Learned counsel for the respondent-Bank submits that the objection to the waiver application was filed by him in the month of September, 2023 after serving copy of the same upon the counsel for the appellant, but till date no rejoinder thereto has been filed by the counsel for the appellant.
Learned counsel for the appellant seeks time to file rejoinder to the reply filed by the respondent-bank on the waiver application. Let the same be filed by the next date.
Let the amount of Rs. 7.00 lacs deposited by the appellant towards pre-deposit be kept in the form of FDR in the nationalized Bank for a period of one year in auto renewal scheme.
List this case on 04.01.2024 for waiver.
Issues for consideration
2 issues framed by the court
Whether additional pre-deposit is required given the amount already deposited toward the demand.
Whether the appellant is granted time to file a rejoinder to the bank's reply on the waiver application.
Parties & counsel
- appellant
Vijay Kumar
- respondent
Union Bank of India
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
16 orders share this CNR
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