“18……Similarly, in a case where appeal under Section 18 is preferred against interim order or for non-grant of interim order, the aggrieved persons, while praying for interim injunction to stall the proceeding, cannot allege that no determination has been made by DRT with regard to the claim. It cannot blow hot and cold by moving in appeal under Section 18 against interim order or non-grant of interim order, for the purpose of getting an appropriate interim order in appeal under Section 18 and allege non-determination of claim by Tribunal, which at best can be determined at the time of final hearing of the case, that too in a case where if any dispute is raised by party under Section 19 of DRT Act, 1993 or Bank files an application under Section 13(10)) of NPA Act. Therefore, the effect and correct meaning to give to the sentence “the amount of debt due from him as claimed by secured creditor or determined by Debts Recovery Tribunal, whichever is less” as mentioned under 2nd proviso to Section 18(1), a harmonious reading has to be made, which may fit in all situations. Therefore, we hold that the 2nd proviso to Section 18(1) stipulates pre-deposit of 50% due as claimed by the secured creditor or determined by the Debts Recovery Tribunal, whichever is less, and in absence of a determination by the Tribunal, the person has to deposit 50% of the amount claimed by the secured creditor, subject to waiver under 3rd proviso to Section 18(1). If any person, after notice under Section 13(2) has deposited any amount, including amount, if any, deposited during Section 13(4) stage or pendency of appeal under Section 17, it can be brought to the notice of the Appellate Tribunal for adjusting such amount for the purpose of determination of amount of claim for the purpose of 2nd proviso to Section 18(1) Similarly, it is also open to any aggrieved person to show that another aggrieved person, for same action taken by secured creditor, while preferring appeal under Section 18 against common order, has deposited certain amount and in such case the Appellate Tribunal will take into consideration such amount for the purpose of determination of amount to be paid under 2nd proviso to Section 18(1) or for waiver under 3rd proviso to Section 18(1).”
