I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH

Civil Writ Petition No.24604 of 2013 (O&M)

DATE OF DECI SI ON: 12.11.2013

Smt. Bhago Devi

…..Petitioner

versus

State of Haryana and others

.....Respondents

CORAM:- HON'BLE MR.JUSTI CE SANJAY KI SHAN KAUL, CHI EF JUSTI CE

HON’BLE MR. JUSTI CE AUGUSTI NE GEORGE MASI H

Present:

Mr.S.K. Tripathi, Advocate for the petitioner

..

SANJAY KI SHAN KAUL, CHI EF JUSTI CE: (Oral)

The petitioner seeks to assail the order passed by DRAT qua

the requirement of pre-deposit passed on 28.6.2013 in the following

terms: -

“ Heard

Mr.

Bansal

on

application

(I.A.

No.466/ 2013) seeking exemption from depositing 50%

of the amount claimed by the secured creditor for the

entertainment of the appeal. He points out that as per

the demand notice dated 19.4.2010, issued under

section 13(2) of the SARFAESI Act, an amount of

Rs.51,56,066.76 was claimed. He further points out

that subsequent to the issuance of the said notice, an

amount of Rs.16 lacs was deposited in the loan

account as has been stated on the basis of the

statement of account by the Tribunal below in the

order impug