M/S Wanganga Rice Mill and Ors. v. State Bank of India and Ors.
Case brief
What is this about?
The Tribunal addressed an urgency application in an appeal against a Tribunal order involving a pre-deposit. The court referred to a recent Apex Court judgment on pre-deposit maintainability, found no good ground to prepone the hearing, and directed the appeal to proceed on the fixed date.
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.
Appeal Dy. No. 243/2019 Date: 23.01.2023
M/s Wanganga Rice Mill & Ors. Vs. State Bank of India & Ors.
Present: Shri Vasant Patel, appellant in person, Shri Sandeep Arora, counsel for the respondent-Bank,
Heard the learned counsel for the appellants on the urgency application being I.A. No. 37/2023.
In view of the order passed by the Hon’ble High Court, Jabalpur, the question of pre-deposit is to be decided by this Tribunal, but the recent judgment passed by the Hon’ble Apex Court on 05.01.2023 in Civil Appeal No. 8969/2022-M/s Sidha Neelkanth Paper Industries Private Ltd. & Another Vs. Prudent ARC Limited & Others is also to be taken into consideration with regard to the issue of pre-deposit. Let the appellants explain with regard to the maintainability of the appeal in absence of pre-deposit as per the judgment passed by the Hon’ble Apex Court in the case as referred to above.
In the urgency application, there is no good ground made out by the appellant for preponing the hearing of the present appeal, which has been filed against the order passed by the Tribunal below, by which the delay was condoned subject to deposit of certain amount, but the same has not been complied with, therefore, subsequent order was passed by the Tribunal below, against which the present appeal has been filed.
The report of the registrar shows that the next date already fixed in this case is 09.02.2023. Accordingly, the urgency application is disposed off. Let the appeal be listed on the date already fixed i.e. 09.02.2023.
Justice R. D. Khare Chairperson
Issues for consideration
3 issues framed by the court
Whether the appeal is maintainable in absence of pre-deposit in view of the recent Apex Court judgment.
Whether the urgency application for preponing hearing is supported by good grounds.
Whether the list date fixed for the appeal is maintained in absence of compliance with pre-deposit requirements.
Parties & counsel
- appellant
M/s Wanganga Rice Mill & Ors.
- respondent
State Bank of India & Ors.
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
8 orders share this CNR
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