Dismissed¶19

Rajesh Kumar Sahoo v. Debt Recovery Tribunal, Cuttack

Orissa HC2 May 2024WP(C)/9655/2024

Case brief

AI extract

What is this about?

Orissa High Court writ dismissal: challenge to DRT Cuttack's refusal (order dt. 06.03.2024, I.A. No.1403 of 2023 arising out of Appeal No.1 of 2023) to waive the section 30-A RDB Act 1993 pre-deposit (50% of Rs.34,60,909/- recovery certificate dt. 25.09.2007) needed for admitting a section 30 appeal against Recovery Officer's orders dt. 29.06.2022 & 06.10.2022 in R.C. No.97 of 2008; no statutory power of waiver; Articles 226 & 227; no infirmity warranting interference; petition dismissed (02.05.2024).

What did the court decide?

There is no provision in the Act empowering the Tribunal to pass an order waiving the statutory deposit required for entertaining the Appeal. ¶18

Rajesh Kumar Sahoo Vs Debt Recovery Tribunal, Cuttack — Banking and Recovery | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.9655 of 2024

¶3

Rajesh Kumar Sahoo ..... Petitioner

¶4

Represented by Adv Mr.N.Lenka

¶5

-versus-

¶6

..... Debt Recovery Tribunal Respondent

¶7

CORAM: THE HON'BLE MR. JUSTICE D.DASH AND

¶8

THE HON'BLE MR. JUSTICE V. NARASINGH ORDER

¶9

02.05.2024

¶10

01 .

¶11

1. This matter is taken up through hybrid mode.

¶12

2. The Petitioner, by filing this writ Petition, has invoked the jurisdiction of this Court under Articles 226 & 227 of the Constitution of India in advancing the prayer to quash the order dated 06.03.2024 passed by the learned Debts Recovery Triunal (DRT), Cuttack in I.A. No.1403 of 2023 arising out of Appeal No.1 of 2023.

¶13

3. Heard Mr.N.Lenka, learned counsel for the Petitioner.

¶14

4. Keeping in view the submissions made, we have gone through the averments taken in the writ petition as also the documents annexed thereto.

¶15

It is seen that the Petitioner, by filing the aforesaid I.A. before the learned DRT had prayed for waiver as to the of deposit of amount of as prescribed under section 30-A of the Recovery of Debts and Bankruptcy Act, 1993 for admission of the Appeal

¶16

Page 1 of 2.

¶17

filed by him under section 30 of the said Act challenging the orders dated 29.06.2022 and 06.10.2022 by the learned Recovery Officer in R.C. No.97 of 2008.

¶18

As provided in section 30 of the said Act, for filing an Appeal against the order of Recovery Officer, the Appellant has to deposit 50% of the amount of debts due as determined by the Tribunal. In the case at hand, the Tribunal, by order dated 25.09.2007, having issued certificate for recovery of Rs.34,60,909/-, the Petitioner, for the purpose of filing the Appeal, was required to deposit 50% of the said amount. There being no provision in the Act, which empowers the Tribunal to pass an order as to waiver of said statutory deposit for entertaining the Appeal; the learned DRT, having refused to accept the prayer advanced by the Petitioner in that regard, we find no such infirmity or illegality in the said order warranting interference in exercise of the extra ordinary jurisdiction.

¶19

5. Accordingly, the writ Petition stands dismissed.

¶20

(D.DASH) Judge

¶21

(V. NARASINGH) Judge

¶22

Signature Not Verified

¶23

Digitally Signed Signed by: BASUDEV NAYAK Designation: ASST. REGISTRAR-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Basu Date: 06-May-2024 16:05:53

¶24

Page 2 of 2.

Rajesh Kumar Sahoo v. Debt Recovery Tribunal, Cuttack

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Sahoo v. Debt Recovery Tribunal, Cuttack

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sakuntala Paraja Vs Registraradministration,High Court of Orissa

Parsuram Sutar Vs Commnr of Endowments, Bbsr, Khurda

Sri Sri Bauli Math, Puri Vs State of Odisha

Ajaya Kumar Rout Vs Regional Manager, Rbi, Bbsr

Krushna Chandra Sahoo Vs Shri Madan Mohan Jew, Shri Jagannath Jew

Kanakalata Mahal Vs Punjab National Bank, Bbsr