Sarvagyaa Electrical v. Hdfc Bank
Case brief
What is this about?
On Monday, January 11, 2024, the Single Bench dismissed the appeal filed by Sarvagya Electrical against HDFC Bank. The hearing was conducted on the same day after the counsel for the appellant could not obtain a sooner hearing. The appeal was held to be not maintainable for lack of requisite pre-deposit under the relevant Act and was dismissed accordingly.
What did the court decide?
The appeal was dismissed as not maintainable due to the absence of the required pre-deposit amount.
Appeal Dy. No. 1629/2023 Date: 11.01.2024
Sarvagya Electrical Vs. HDFC Bank
Present: Ms. Sweta, Advocate holding brief of Shri Raymond Gadkar, counsel for the appellant,
Learned counsel for the appellant yesterday i.e. 10.01.2024 made a mention stating that the present appeal be preponed and decided finally, as the appellant is not in position to deposit any amount towards pre-deposit for maintaining the appeal, therefore, the matter has been placed on board today.
Learned counsel for the appellant submits that the appellant’s financial condition is very week and is unable to deposit any amount towards pre-deposit for maintaining the appeal.
In view of the submission made by the counsel for the appellant, the appeal itself is not maintainable under section 20 of the RDB Act in absence of pre-deposit amount. Accordingly, the appeal is dismissed as not maintainable. No order as to costs.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether the appeal is maintainable under section 20 of the RDB Act in the absence of a pre-deposit amount.
What order to pass when the appellant is unable to deposit the required pre-deposit for maintaining the appeal.
Parties & counsel
- appellant
Sarvagya Electrical
- respondent
HDFC Bank
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · January
- CNR
- 091090016292023
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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