Sambhaji Balkrishna Sawant v. Uco Bank and Ors.
Case brief
What is this about?
Search terms: Section 21 RDB Act 1993; pre-deposit; DRAT Chennai I/c Mumbai; DRT; O.A. No. 171 of 2008; Miscellaneous Appeal (D) No. 1383 of 2025; Interim Application No. 695 of 2025; Rs.14,45,377/-; 25% pre-deposit; consent quashing; UCO Bank; maintainability kept open; disposal within eight weeks. Relevant when researching whether a pre-deposit under Section 21 of the RDB Act can be demanded of an appellant who is not a person from whom the amount is due to the bank, and instances of DRAT pre-deposit orders being set aside by consent with the appeal's maintainability left open. NOTE: the maintainability of the appeal was NOT decided in this matter.
What did the court decide?
Impugned DRAT order dated 10 November 2025 (I.A. No. 695 of 2025 in Misc. Appeal (D) No. 1383 of 2025) quashed and set aside by consent; parties' rights and contentions, including maintainability of the Appeal, kept open; DRAT to dispose of the Appeal within eight weeks without insisting on pre-deposit; Writ Petition disposed of; no order as to costs.