M/S. Ski Snow Resorts Pvt Ltd And 2 ... vs Punjab National Bank And 3 Others
2023 Latest Caselaw 852 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 38101 of 2022
 

 
Petitioner :- M/S. Ski Snow Resorts Pvt Ltd And 2 Others
 
Respondent :- Punjab National Bank And 3 Others
 
Counsel for Petitioner :- Udai Chandani
 
Counsel for Respondent :- Krishna Mohan Asthana
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Sri Udai Chandani, learned counsel for petitioners submits that an interim order was challenged before Debt Recovery Appellate Tribunal at Allahabad, however, ignoring law on issue as enumerated in Jay Gopal Kansal and another vs. Indian Bank and another, Writ C No. 1634 of 2019 decided on 12.03.2019 as well as in M/s Jyoti Extraction Pvt. Ltd. and another vs. State of U.P. and others, Writ C No. 34076 of 2011 decided on 06.08.2013, the Tribunal has posted case for consideration of waiver application though it was not required.

Sri Krishna Mohan Asthana, learned counsel submits that there is a mandatory requirement to pre deposit for maintenance of appeal under Section 21 of Recovery of Debts and Bankruptcy Act, 1993 to which learned counsel for petitioners has disputed. He further submits that there are subsequent events contrary to judgments on issue also.

Considering above submissions and taking note that Appellate Tribunal still has to decide above referred issue and matter is posted for consideration wherein all issues can be raised by both parties.

It has been brought on record that till date respondent bank has not appeared before Debts Recovery Appellate Tribunal.

In these circumstances, without entering into merit of case as well as taking note of undertaking given by their respective counsel appearing before this Court that on next date of hearing, they will appear and learned Tribunal shall decide said issue by taking rival submissions of both parties including judgment referred above in Jay Gopal Kansal and another vs. Indian Bank and another, Writ C No. 1634 of 2019 decided on 12.03.2019 as well as in M/s Jyoti Extraction Pvt. Ltd. and another vs. State of U.P. and others, Writ C No. 34076 of 2011 decided on 06.08.2013.

Writ petition is disposed of.

Registry is directed to prepare two or more volumes of a paper book if single paper book runs in more than 200 pages.

Order Date :- 9.1.2023

Nirmal Sinha