There is .ho denial' of borrowed, ahd. in fact, the Petitioner/Aijpenant is taldrig .effort; to settle the; loan dues by submitting the OTS proposal, and the amount, demanded as pet Demand Notice dated 31.05.2024, is Rs.7,65,36,246.16p, however, as per the submission of Learned Counsel for Respondent Bank,: the. amount due as of now, is Rs.8,76,34,515.18p. With regard to Of Learned Counsel Tor submissions Petitioner/Appellant that Demand Notice is . not in conformity with Rule and the Authorised Officer is not the qualified person td. issue Demand Notice, all these issues have to be decided in the main Appeal. To entertain this Appeal, pre-deposit is Therefore, taking into consideration the mandatory. facts and circumstances of the case, and. also that a Civil Suit is filed by third party and. an amount of Rs.2.65 Crore U received by the Petitioner/Appellant towards the Sale, and also non payment of dues toward loan amount, this Tribunal is of the view that, directing the Petitioner/Appellant to. deposit 40% of RS.7,65,36,246.16 (rounded off Rs.7.,65,36,246/-) Would meet the requirement under Section 18 (1) of SARFAESI Act, 2002, for entertaining the Appeal. Admittedly, 40% of Rs.7-,65$6$246/i comes to Rs.3,06,14,498.dOpXropnded off to Rs.3,06,14,498/-)
