The Debt Recovery Tribunal condoned the delay by the appellant in making pre-deposits due to confusion regarding the quantum and an operational delay in uploading the order, despite the order being self-operative.
Condonation of delay in payment of the first and second instalments of the pre-deposit.
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DEBT RECOVERY-APPELLATE TR1BUNAL-MUMBAI (SITTING AT-CHENNAI)
hA. No. 380/2025 (Extension ofTime of Deposit) In.
Misc. Appeal Dy No. 866/2025
Dated: 08.07.2025.
the matter is taken up for hearing by way of a Praecipe filed by the Pe'titioner/Appcllant for seeking, urgent relief.
When the matter is taken up, Learned Counsel for Petitioner/Appellant submitted that this Tribunal, directed Petitioner/Appellant to make pre-deposit of Rs.9,64:,621.50p, ■ each, in two instalments, on oror beforebefore 11’’6.06.2025,6.06.2025, and 07i07.2025 respectively. In terms of this order:, the Petitioner/Appellant made payment of Rs.8.70 Lakhs on 16.06.2025 and remaining amount of Rs.1.15 Lakhs on • 56.06.2025, against the first instalment. Petitioner/Appellant has also complied with 2^ condition by-paying Rs.9i84J621.50pf on 07.07,2025. There was a confusion with regard to quantum based On which-the pre-deposit has to be made. The order was uploaded oh 20.06.202S, and therefore, this delay for.payment.
Learned Counsel for l6t.Rcspondent Bank; strongly opposes the condonation of delay on the ground that the order is a, self operative. Oh non .compliance, the Bank is entitled to take possession.
However, on a query, it is informed that,’ on failure of the Petitioner/Appellant to make deposit of 1" instalment as ordered, the Bank has not taken, possession so far. In the said circumstances, this Tribunal is of the view that, reason stated by the Petitioner/Appellant can be accepted in given circumstances; and therefore, delay in paying the instalment is condoned. JA. 380/2025 filed for condonation of delay in payment is allowed. Accordingly, IA 321/2025 (W6D) is allowed.
s Registry, DRAT, Mumbai, is directed to number the Appeal if it is otherwise in order. CHAIRPKH^n}^Dr]t, CHENNAI (IN-CHAROe. DRAT, MUMBAI) PAM
2 issues framed by the court
whether the delay in compliance with the pre-deposit order can be condoned.
whether the Debt Recovery Tribunal has the power to condone the delay.
Petitioner/Appellant
Respondent Bank
CHAIRPERSON
As recorded by the court registry
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