Section 7I of the Act
alongwith an application seeking waiver of the predeposit as required under Section 7O
of the Act. While entertaining the appeal ... before learned EPFAT by quashing the order dated 08.09.2015 as well as
predeposit order dated 21.05.2015 of EPFAT.
3. The counsel for the respondent appeared
Appellate Tribunal could take a decision on waiver or reduction of the predeposit solely on the basis of the creditor-bank's allegation regarding ... Statute in the matter of waiving or reducing the statutory maximum predeposit of 75% itself was justification for judicial review, Sri. Saiby argued
original authority, the appellants had agitated for interest for late return of predeposit of Rs.5 lakhs & Rs.2.5 lakhs and delayed refund ... argument raised consistently before the lower authorities by the appellant is that predeposit of Rs.2.5 lakhs paid by it for their appeal
Customs Act, 1962 are not applicable as there was no requirement of predeposit of penalty under the old Section 131 of the Customs ... petition he has made this prayer that in the instant case no predeposit of penalty is required and his prayer for the grant of stay
inadvertently omitted to mention that
this deposit would be towards the statutory predeposit to
maintain the appeal before the Debt Recovery Appellate
Tribunal (DRAT), Chennai ... maintainable. It is also the arguments
of the learned counsel that the predeposit contemplated under
Section 18 of the SARFAESI Act is an amount that
Judgment reads as follows:-
“.............
121 .......Question no. 4: Whether the condition of
predeposit under proviso to Section 43(5) of the Act for
entertaining substantive ... under the statute became nugatory because of the
onerous mandatory requirement of predeposit in
entertaining the appeal only on the promoter who intends
to prefer
appellate authority has rejected the case of
assessee on the ground of predeposit,
instead of considering the request of
deposit of predeposit, such determination ... chosen to decide
the matter on merit instead of determining
issue of predeposit which was at large
before it. However, so as to ensure that
could not have
decided the matter on merit; ignoring the aspect of
predeposit.
6.3 As could be noticed from this order, nothing has been
stated ... rejection of the request made for
waiver of predeposit by the opponent herein without
touching anywhere the merits of the case. That being the
case
ground that the amounts already
recovered from the Petitioner or the amounts predeposited by
the Petitioner were not adjusted in determining the amount
which ... Petitioner contends that its submissions regarding the
amounts already paid or predeposited amounts were not
considered.
6. The Petitioner appealed the Order-in-Original dated
Appellate
Tribunal with Misc Application No.451/2020 for exemption from
predeposit which was rejected by the impugned order dated 14 th
December ... submitted that under section 43(5) of the Act the
minimum predeposit is to the extent of 30% in penalty and
compensation. It is submitted
