SARFAESI Act is permissible against the order passed by the DRT
under Section 17 of the SARFAESI Act. Under Section 17 , the scope of
enquiry ... under challenge
18
before the DRT will be the ‘debt due’ within the meaning of proviso to
Section 18 of the SARFAESI Act. In case
Page 19 of 43
18. On a plain reading of the 2nd proviso to section
18(1) of the SARFAESI Act read with the definition ... notice under section 13(2) and before the appeal
is filed in the DRAT under section 18 of the
SARFAESI Act, if the borrower
SARFAESI
Act, 2002 admitted.
Section 37 of the SARFAESI Act, 2002 required consideration in
that regard and also otherwise. Section 37 of the SARFAESI ... that
Section 29 Sub-Section (2) of the Limitation Act, 1963 was not attracted
to proceedings under Section 18 of the SARFAESI Act, 2002 would
authorised officer, Respondent No.
2, submits that under Section 18 of the SARFAESI Act, the DRAT has no
power to waive the mandatory pre-deposit ... Section 13(4) . Thus, Mr.
Dhond submits that Section 17 remedy is anti- section 13 measure or an anti-
recovery measure and therefore. a Section
SARFAESI Act, Section 20 and Section 24 of the
RDB Act and Section 29 of the Limitation Act :
“ Sections 18 and 36 of the SARFAESI ... Appellate Tribunal under proviso
to Section 20 (3) of the RDB Act read with Section 18 (2) of the SARFAESI
Act. The contrary view taken
placing reliance on sub-section (2) of Section 18 of the SARFAESI Act contended that by virtue of this provision, the Appellate Tribunal ... appeal under Section 18 of the SARFAESI Act.
40. Sub-section (2) of Section 18 is very specific that it is only for the purpose
prescribed in sub-section (1) of Section 18 . It is noticed
that there is no express provision under Section 18 to
condone the delay ... referred to sub-section (2) of Section 18 and
has opined as follows:
"40. Sub-section (2) of Section 18 is very
specific that
date of the application.
18. On a plain reading of the 2nd proviso to section 18(1) of
the SARFAESI Act read with the definition ... notice under section 13(2) and before the appeal is filed in the
DRAT under section 18 of the SARFAESI Act, if the borrower
18 that the amount
deposited by the borrower in terms of the second proviso to Section 18(1) of the
SARFAESI ... before the
DRAT under Section 18 .
15
24. Coming back to the second proviso to Section 18(1) of the SARFAESI Act,
which was brought
with the Section 17 of
the SARFAESI Act, both the Sections have to be read independently
as Section 17 of the SARFAESI ... SARFAESI Act would clearly go to show that any order passed under
Section 17 of the SARFAESI Act is an appealable order. Therefore,
Section 18
