STANDARD MED AND PHARMA Vs. ALLAHABAD BANK

JUDGEMENT

(1.) THE appeal is directed as against the order passed in IA-842/2003 in OA-44712000. THE applicant-Bank filed that IA seeking direction to be issued to the respondent for payment of the admitted amount. THE PO, DRT, passed Order directing the respondent to pay the OA claim amount since the PO, DRT, has found that the defendant has categorically admitted the OA claim.

(2.) On a perusal of the reply statement filed by the defendant it is seen that the defendant has admitted the liability only to the extent of Rs. 45.94 lakhs. It is also stated in that Reply statement that the defendant also has submitted a proposal for compromise to the applicant-Bank. It is nowhere stated in the Reply statement that the defendant has admitted the entire Suit claim amount. The defendant has categorically stated in para 6 of the Additional written statement that thereafter the defendant had paid an amount of Rs. 196.06 lakhs which has to be deducted from the outstanding amount of Rs. 242 lakhs and if the paid amount is deducted the balance left to be paid by the defendant is only an amount of Rs. 45.94 lakhs and thus the defendant has to pay the said amount of Rs. 45.94 lakhs only but not any more much less the claim made by the applicant. So, it is crystal clear that the admitted liability by the defendant is only to the extent of Rs. 45.94 lakhs.

(3.) COUNSEL for the respondent-Bank submits that the appellant has to pay the amount under Section 21 of the RDDB & FI Act before the appeal is taken on file, the appellant has not complied with the provision under Section 21 and the appeal is not maintainable. He relies upon the decision of the Hon'ble Supreme Court in Navin Chandra Chhotelal v. The Central Board of Excise and Customs, New Delhi, AIR 1971 SC 2280, wherein the Apex Court has held that "under the Customs Act, 1962, under Section 129 the appellate authority can dismiss appeal if Sub-section (1) or order passed under the Proviso is not complied with by the appellant, Sub-section (1) of Section 129 makes it obligatory on appellant to deposit duty or penalty pending the appeal or to comply with the order passed under the proviso and on failure of the appellant to comply with either requirement the Appellate Authority is competent to dismiss appeal though dismissal is not expressly provided for in Section 129".