Global Aqua v. Canara Bank
Case brief
What is this about?
In a miscellaneous application arising out of a SARFAESI Recovery Appeal, the DRAT dismissed the matter as not maintainable due to non-compliance with the Tribunal's order requiring a pre-deposit. The appeal stands dismissed without reaching the merits.
What did the court decide?
Appeal dismissed on grounds of non-maintainability due to failure to deposit sums towards appeal bond as ordered.
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.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Misc. Appl. Dy No. 1110 of 2024
(Arising out of IA 4333 if 2024 in SA 627 of 2024 DRT-III Kolkata)
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Order No. 4 20.02.2025
Global Aqua & Anr.
... Appellant
--Vs--
Canara Bank & Anr.
... Respondents
For Appellant : Mr. Ashok Kr. Singh, l d. adv. For Respondent : Mr. Onkar Ganguly, ld. adv. virtually
THE APPELLATE TRIBUNAL :
Compliance of the order dated 14.01.2025 passed by this Tribunal regarding pre-deposit is not made.
Issues for consideration
2 issues framed by the court
Whether the appeal is maintainable in the absence of compliance with the pre-deposit order.
Whether the petition before this Tribunal is maintainable failing deposit of 50% of the value of the bond.
Parties & counsel
- appellant
Global Aqua & Anr.
- respondent
Canara Bank & Anr.
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · February
- CNR
- 191090011102024
- Topic
- Banking and Recovery
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