petitioner whether the pre-deposit can still
be insisted upon. The argument can be made that the condition of
pre-deposit is to discourage frivolous ... alia held that the pre-deposit is mandatory except that the Tribunal
has a discretion to reduce the pre-deposit to 25%. We find that
petitioner
whether the pre-deposit can still be insisted upon. The argument can be made
that the condition of pre-deposit is to discourage frivolous ... alia held that the pre-deposit is mandatory
except that the Tribunal has a discretion to reduce the pre-deposit to 25%. We
find that
requirement of making a pre-deposit under the
Act. As a result, directions were issued to the learned DRAT to hear the
matter ... statutory pre-deposit. It is this order, allowing the application of the
respondent No.1 for waiver of the pre-deposit that has been challenged
requirement of pre-deposit of amount determined
is a common feature in many fiscal statutes and the said
requirement of pre-deposit is only ... however, direct that in case the petitioners
deposit the amount of pre-deposit, as directed by DRAT, within four weeks from
today, then the appeal
DRAT entertaining an appeal, unless the pre-deposit is made with
the DRAT by the Appellant of 50% of the amount due from such Appellant ... pre-deposit from
50% of the amount of debt to 25% of the amount of debt, but not to waive
the requirement of pre-deposit
being AIR No.316/2016. In view of the requirement
of pre-deposit as per Section 21 of The Recovery of Debts
due to Banks ... 2016
seeking waiver of such condition of pre-deposit. The DRAT,
in its order dated 30.11.2016, looking to the amended
provisions of Section
whether pre-deposit of 25% of the
amount claimed by the bank for entertaining the appeal preferred by the
petitioner before the DRAT ... Section 18 (1) of the SARFAESI Act,
insistence upon pre-deposit by DRAT is unsustainable as the requirement of
pre-deposit is only mandated
event of failure in complying with the order of pre-deposit, DRAT, Chennai has stated that the appeals would stand dismissed, automatically without reference ... hearing, submitted that consequent to the failure of the writ petitioners depositing pre-deposit as ordered, appeals
pre-deposit the Appeal shall stand dismissed
automatically for want of mandatory compliance. IA is
disposed of and closed.
List for confirmation of pre-deposit ... SARFAESI Act, 2002, pre-deposit is a mandatory condition for any
application filed irrespective of the pre-deposit ordered in any other appeal
Petitioner to make the pre-deposit as
a condition precedent for its appeal to be entertained. Before the DRAT, the
Petitioner had challenged a common ... Respondent No. 1 Bank, the stipulation of pre-deposit could not
have been insisted upon by the DRAT on them, in the impugned order
