the reason that the prayers in the earlier applications were identical. Aggrieved by the order of the D.R.T. in I.A. No. 109 of 2023, the Appellants came on Appeal at Diary No. 225 of 2022 wherein an application was filed as I.A. No.90 of 2023 for waiver of deposit. This Tribunal had, in the order disposing of the I.A., observed that there was no prima facie case. Nevertheless, since the Respondents had contested the locus of the Appellants to maintain the application under Sec. 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act’ for short), the application, as well as the appeal, was disposed of with the direction to the D.R.T. to enter into a finding with regard to the maintainability of the S.A., and proceed to dispose of the S.A. as expeditiously as possible. Subsequent to the disposal of the earlier appeal, the Appellants filed an application for amendment of the S.A. which according to the counsel appearing for the parties was dismissed and never challenged in the appeal. Thereafter, this third application as I.A. No. 708 of 2023 was filed to stall the Sarfaesi measures initiated by the first Respondent.
