Debts Recovery Tribunals and Appellate Tribunals
MRS RAJNI GULATI vs CANARA BANK on 27 October 2025
DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
(SITTING AT CHENNAI)
PRESENT: Hon'ble Mr. Justice G. Chandrasekharan Misc. Appeal No.133/2025
[Arising out of S.A. No.359/2024 (DRT-II, Delhi)]
Mrs. Rajni Gulati
B-3/263, Paschim Vihar,
New Delhi.
....Appellant
vs.
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1. Canara Bank, (Erstwhile Syndicate Bank) Through its Authorised Officer Assets Recovery Management Branch, Arya Samaj Road, Karol Bagh, New Delhi – 110 005
2. Ms. Shreya Bhatia Proprietor of M/s Aegis International, Paschim Vihar, New Delhi.
....Respondents
**27.10.2025**
For appellant : Mr. Pallav Saxena, Ld. counsel For respondent no.1 : Ms. Poonam Kumari, Ld. counsel **I.A. No.877/2025**
This application is filed for the withdrawal of Misc. Appeal No.133/2025 and for the refund of pre-deposit amount of Rs.221,37,908/- deposited with the Registry for the entertainment of the appeal.
It is the submission of the Ld. counsel for the appellant that when the S.A. 359/2024 was pending, the property was sold in favour of respondent no.2, Ms. Shreya Bhatia, and since he intends to challenge the sale before the DRT, he does not want to prosecute this appeal and prays for dismissal of the same and also for refund of pre-deposit.
Ld. counsel for respondent bank though submits that she has no objection to the withdrawal of this appeal and release of pre-deposit, insists on costs.
Notice was not taken to respondent no.2. Respondent no.2 is only an auction purchaser, therefore, not a necessary party for disposing this appeal.
In the circumstances stated by the Ld. Counsel for the appellant that he does not want to prosecute this appeal and intends to challenge the appeal before the DRT, this Tribunal permits the appellant to withdraw the appeal. Accordingly this application is allowed and this Appeal is dismissed as withdrawn.
The pre-deposit amount is neither a secured debt, nor has any security interest been created over this amount. There is no order of attachment under Section 13(10) of the SARFAESI Act, 2002. Therefore, the petitioner/appellant is entitled for this amount.
In the circumstances, the pre-deposit is ordered to be refunded to the appellant.
Accordingly, Registry, DRAT, Delhi is directed to release the pre-deposit amount of Rs.22,37,908/- along with accrued interest, if any, to the appellant.
File be consigned to record room.
Sd/-
CHAIRPERSON, DRAT, DELHI (Sitting at Chennai)
-pk/drat delhi