Court : DRAT Kolkata
Reported in : III(2006)BC193
..... workers.in this view of the matter, the learned advocate for the appellants prays for complete waiver of the pre-deposit as enjoined by the proviso to section 21 of the rddbfi act.7. the learned advocate for the respondent bank has submitted that cyclone relief has been granted to the firm by the orissa state financial corporation, that the ..... time, it is true that unit is slowly and steadily getting over the crisis and running its unit.9. taking an overview of things for the purpose of section 21 of the rddbfi act, 1993, i think, complete waiver of the 75% of the decretal amount shall not be justified. the decretal amount as adjudicated by the d.r.t. ..... the sick unit of the appellant no. 1, but those failed, that the appellant no. 1, however, is desperately trying to get the unit revived by organising private finance, that the super-cyclone in orissa added to the misery in financial loss and fund crunch.4. in the aforesaid facts and circumstances, the appellants taking resort to the proviso .....
Tag this Judgment!Court : DRAT Kolkata
Reported in : I(2007)BC178
..... the learned advocate for the petitioner/appellant has heavily relied upon the judgment of the supreme court in a.a. haja muniuddin v. indian railways, sub-section (1) of section 18 states that the claims tribunal shall not be bound by the procedure laid down by the code but shall be guided by the principles of natural justice ..... entrepreneur. he started his business well being encouraged by the directorate of cottage and small scale industries, government of west bengal, to set up this pharmaceutical unit of industry financed by the west bengal financial corporation (term loan), the district industries centre, malda (seed money) and state bank of india (working capital). his business was a need ..... ) of section 18 in terms states that the claims laid down by the code but that does not mean that it is precluded from invoking the procedure laid down by the code even if the ends of justice so require. although the act and the rules do not specifically provide for the application of order 33 of the .....
Tag this Judgment!Court : DRAT Kolkata
Reported in : I(2008)BC40
..... determined by the tribunal but not actually determined. the appellants, therefore, cannot be legally saddled with the liability of payment of any amount under section 21 of the rddbfi act. moreover, it is further submitted by the learned advocate for the applicant that the impugned judgment and order passed by the tribunal is wholly ..... the sale was confirmed, sale consideration was ordered to be deposited with the registrar of the tribunal, any deposit with the application by the said maa kami finance ordered to be returned to the party, sale certificate and delivery of possession were ordered to be given to sarada cereals pvt. ltd. (respondent no. 2 ..... section 21 is necessitated.19. accordingly, the appeal is entertained. the respondents are directed to file affidavits-in-opposition to the memorandum of appeal within three weeks and reply thereto, if any, by the appellants within two weeks thereafter.20. the matter shall appear in the list after exchange of affidavits on 30th march, 2007 .....
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