The Debt Recovery Appellate Tribunal noted that the appellant failed to make the pre-deposit as required by law. Relying on the requirement for pre-deposit before entertaining an appeal, the court held that it cannot pass any directions at that stage, despite the appellant's prayer to restrain coercive action.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Appeal No. 20/2022 Arising out of S.A. No. 33/2016 (DRT, Jaipur)
Dwarka Nath Sharma Vs Housing Development Finance Corporation Ltd. (HDFC Ltd.)
01.08.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Alakh AlokSrivastava, Ld. Counsel for the appellant.
Mr. Anuj Bhandari, Ld. Counsel for the respondent.
This matter has been taken up by me through Video Conferencing.
Ld. Counsel for the appellant has yet to cross the hurdle of pre-deposit. According to him, as per notice issued under Section 13(2) of the SARFEASI Act, the debt due was to the tune of Rs.36,76,693/- and out of the said amount, he has already paid Rs. 22,88,820/- and rest of the amount comes to Rs. 13,87,873/- and he will deposit 25% of the same as pre-deposit which comes to Rs. 3,46,968/- within two weeks. He further states that in the meanwhile, he will approach the bank for settlement as well.
Ld. Counsel for the bank states that he has no instruction so far the settlement is concerned.
Let the appellant approach the respondent bank who may consider the settlement proposal given by the appellant.
List the matter on 25.08.2022.
At this stage Ld. Counsel for the appellant prays that direction may be given to the respondent bank not to take any coercive action till the next date.
Heard. Since appeal cannot be entertained without pre-deposit, thus, no directions can be passed by this Tribunal at the stage.
(CHAIRPERSON)
-ak
2 issues framed by the court
Whether the appeal can be entertained without the appellant making the required pre-deposit.
Whether directions can be passed restraining the respondent from coercive action at the appeal stage without pre-deposit.
1 provisions across 1 enactments
Dwarka Nath Sharma
Housing Development Finance Corporation Ltd.
Brijesh Sethi
As recorded by the court registry
22 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
