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2017 (4) TMI 1485

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....er is challenging the orders dated 5th April, 2017 and 11th April, 2017. The order dated 5th April, 2017 (Exh.V1) is passed in Miscellaneous Application No. 246 of 2017 in Review Application No. 6 of 2017, and the order dated 11th April, 2017 is passed in Miscellaneous Application No. 856 of 2016 in Appeal No. 104 of 2016. By this later order, and post dismissal of the Review Application, the learned Chairperson has directed that since the petitioner­ appellant has not complied with the earlier order dated 17th May, 2016, to the effect that the amount as directed by the Tribunal, if not deposited within time stipulated by it, the Appeal itself cannot be entertained. That is how the Miscellaneous Application No. 856 of 2016 of the 1st re....

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....ppearing for the 1st respondent, opposes this entire arrangement. He would submit that the notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, styled as Demand Notice, has been issued way back on 30th September, 2009. Though there was a settlement arrived at, even the amount as settled at that time was not deposited. Therefore, a second Demand Notice had to be issued. The amount in terms of the second demand notice is quantified at Rs. 235,46,34,381/­. Even formal possession has been taken in October­ November 2013. The appeal was filed (Second Appeal No.2 of 2014), but that was dismissed on 23rd March, 2016. Thereafter, the further appeal to the DRA....