The High Court of Delhi dismissed a writ petition challenging a requirement to make a pre-deposit of 50% of the debt under the SARFAESI Act, holding the pre-deposit mandatory and granting no relief in the petitioner's absence.
The writ petition is dismissed; no relief granted for exemption from pre-deposit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
*** IN THE HIGH COURT OF DELHI AT NEW DELHI** % Date of decision: 5th December, 2018
KAMAL KISHORE SASPAL
..... Petitioner Through: Mr. Amarjit Singh Bedi, Adv.
versus
DEVELOPMENT CREDIT BANK LTD
..... Respondent
Through: Mr. Hashmat Nabi and Mr. Farah Naaz, Advs.
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO
V. KAMESWAR RAO, J. (ORAL)
CM No. 51109/2018 (for exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
CM No. 51109/2018 (for amendment of the writ petition)
This is an application filed by the petitioner seeking amendment
in the writ petition. For the reasons stated in the application the same
is allowed and amended writ petition is taken on record.
Application stands disposed of.
W.P.(C) No. 7747/2018 Page 1 of 3
W.P.(C) 7747/2018
W.P.(C) No. 7747/2018 Page 2 of 3
V. KAMESWAR RAO, J
CHIEF JUSTICE
DECEMBER 05, 2018 /aky
W.P.(C) No. 7747/2018 Page 3 of 3
1 issue framed by the court
Whether the Appellate Tribunal can insist upon pre-deposit of 50% of the debt amount under Section 13(2) of the SARFAESI Act for entertaining the appeal.
Colour shows how this judgement treated each authority
Narayan Chandra Ghosh vs. UCO Bank and OthersReferred¶24
(2011) 4 SCC 548 · Who else cites this
1 provisions across 1 enactments
KAMAL KISHORE SASPAL
DEVELOPMENT CREDIT BANK LTD
V. KAMESWAR RAO
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
