The DTAT allowed an interim application seeking waiver of pre-deposit. The bench held that since the appellants claimed tenancy rights over mortgaged property but were not borrowers/guarantors, the pre-deposit was waived.
The application for waiver of pre-deposit was allowed; appellants were exempted from paying any amount as 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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson I.A. No.169/2022 (WoD)
In Misc. Appeal No.60/2022
Between Parvati Sudam Pingale & Ors. … Appellant/s V/s. Bank of Baroda & Ors. …Respondent/s
Mr. R. H. Chandurkar, Advocate for Appellants. Mr. S. N. Fulali, Advocate for Respondent No.1. Mr. Atul Pande, Advocate for Respondent No.2 & 3.
-: Order dated : 17/06/2022 :-
I.A. No. 169/2022 is an application for waiver of pre-deposit. The appellants are neither borrowers nor mortgagors or guarantors and, therefore, they are not bound to deposit the amount while challenging the impugned order dated 10.05.2022 passed by the Ld P.O., D.R.T., Nagpur, in I.A. No. 605/2022 in S.A. No. 150/2022.
The Respondent Bank has filed reply wherein it is admitted that the Appellants are claiming tenancy rights over the property which is mortgaged with the Bank. Under the circumstances, the application for pre-deposit has to be allowed and the Appellants are exempted from paying any amount as pre-deposit.
Reply to appeal, if any shall be filed within four weeks with copy to other sides.
I.A. No. 171/2022 shall be posted for hearing on 15.07.2022, till such time status-quo order shall continue.
Sd/Chairperson
dpj-4
1
1 issue framed by the court
Whether appellants, claiming tenancy rights over mortgaged property but not being borrowers, mortgagors, or guarantors, are required to make a pre-deposit to challenge the impugned order.
Parvati Sudam Pingale & Ors.
Bank of Baroda
Ashok Menon
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
