The tribunal held that an appeal on an interlocutory order waiving pre-deposit under the RDB Act does not require pre-deposit itself. A stay of the impugned order allowing the waiver application was granted until the next date.
I.A. No. 25/2024 allowed; interim stay granted on the implementation of the impugned order in Diary No. 21/2024.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson I.A. No. 25/2024 (WoD)
In Appeal on Diary No. 18/2024
Between
Rajendra Mannalal Khandelwal … Appellant/s V/s.
Stressed Assets Stabilisation Fund (SASF & Ors.) …Respondent/s Ms. Nikita Vardhan along with Ms. Vidyashreee Perla, i/b M/s. Kanga & Company, Advocate for Appellant.
-: Order dated: 12/01/2024:-
The matter is taken up for hearing by way of a praecipe filed by the Appellant for seeking urgent relief.
The Appellant is in appeal impugning the order dated 05.12.20223 in Interim Application (I.A.) No. 1429/2022 in Original Application (T.A.) No. 1700/2016 on the files of the Debts Recovery Tribunal-I, Mumbai (D.R.T.) allowing the application. The Appellant is the 2nd Defendant in the O.A. and had opposed the application. The objection of the Appellant was disregarded, the Appellant is aggrieved and hence, this appeal.
1
Bankruptcy Act, 1993 (“RDB “Act” for short).
Post on 29.01.2024 before the Registrar.
Sd/Chairperson
psa-05
2
2 issues framed by the court
Whether an appeal on an interlocutory order requires pre-deposit under Section 21 of the RDB Act.
Whether an interim stay should be granted on the implementation of the impugned order pending the next hearing.
1 provisions across 1 enactments
Rajendra Mannalal Khandelwal
Stressed Assets Stabilisation Fund
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
