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SCA/10479/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10479 of 2010
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M/S
NISSAN COPPER PVT LTD, (NOW M/S NISSAN COPPER LTD) - Petitioner(s)
Versus
H
D F C BANK - Respondent(s)
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Appearance :
MR
UTKARSH B JANI for Petitioner(s) : 1,
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 06/09/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
petition has been preferred by the petitioner against the order dated
4.8.2010 passed by the Debts Recovery Appellate Tribunal, Mumbai
under Section 21 of the Recovery of Debts Due to Banks and Financial
Institutions Act, 1993. By the said order, considering the facts and
prima facie case, the Tribunal waived to deposit a part of the
decretal amount and out of Rs.16 lacs, ordered to deposit Rs.7 lacs,
i.e. about 40% of the decretal amount.
2. The
learned counsel appearing on behalf of the petitioner argued to
suggest that the judgment and decree passed by the Debts Recovery
Tribunal is bad as the rule of natural justice was not followed, but
no such finding can be given by this Court on merits as the matter is
pending consideration before the Appellate Tribunal. In the present
case, the petitioner having made out a prima facie case that the
Appellate Tribunal has already waived 60% of the decretal amount, but
in absence of any undue hardship, the petitioner cannot claim 100%
waiver of pre-deposit of the decretal amount.
3. We
find no case made out to grant relief. For the reason aforesaid, no
interference is called for, but taking into consideration the facts
and circumstances, we extend the period for depositing the amount of
Rs.7 lacs upto 13th September, 2010, failing which the
Appellate Tribunal may dismiss the appeal. The order of the
Appellate Tribunal stands modified to the extent above and the writ
petition stands disposed of. No costs.
[S.J.
MUKHOPADHAYA, CJ.]
[AKIL
KURESHI, J.]
Sundar/*
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