Drat Delhi Court June 2005 Judgments
National Rice and General Mills Vs. Bank of India and ors.
Court: DRAT Delhi
Decided on: Jun-07-2005
Reported in: III(2005)BC243
1. During the course of hearing the main Appeal No. 115/2003 filed by the respondent in Miscellaneous Appeal No, 13/2003, Ms, Rakhi Nigam an Advocate brought to my notice about the Miscellaneous Application No.92/2005 filed on behalf of Stelco International Ltd. as an intervenor in the appeal proceedings. Since this Miscellaneous Application No.92/2005 is also listed along with the other miscellaneous applications, the respondent Counsel submitted before the Court that the applicant is making lot of noise preventing the main appeal which is to be decided and prayed this Court to decide this application and, thus, Miscellaneous Application No. 92/ 2005 is taken up today.2. It is stated by Ms. Rakhi Nigam, learned Counsel for the third party intervenor that the suit filed by the financial institution was decreed pursuant to which the Recovery Officer ! initialed execution proceedings. The mortgaged property was put to auction in the year 2002 and that the property was though put to auct...
Tag this Judgment!Jamshed M. Pandey Vs. Indian Renewable Energy
Court: DRAT Delhi
Decided on: Jun-07-2005
Reported in: III(2005)BC221
1. This is an application filed under Section 21 of the Act praying this Court to waive the pre-condition of deposit of 75% of the decreetal amount for entertaining the appeal filed against the final order passed by the DRT-I.2. According to the learned Counsel for the appellant, the OA has been decreed on untenable grounds pursuant to which the decree holder respondent herein has moved the Recovery" Officer for further action.It is also stated though a detailed written statement (WS) along with evidence was placed before the Presiding Officer, DRT-I, the Presiding Officer without considering the evidence adduced on behalf of the appellant ordered the OA on untenable grounds. It is urged by the learned Counsel that under the scheme of the Act, when an appeal is to be filed against the decree of the original proceedings, 75% of the decretal amount is to be deposited before the appeal is entertained by the appellate authority. The Counsel says as the applicant has no means to pay the am...
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