Shriram Enterprises and Ors. v. Union Bank of India
Case brief
What is this about?
Application filed by Petitioners/Appellants seeking waiver of statutory deposit under Section 180 of SARFAESI Act, 2002 for filing an appeal, citing financial difficulties preventing required deposit of Rs. 20 Lakhs within stipulated time.
What the court decided
DEBT RECOVERY,.AP.PELLATE TRIBUNAVMUMBA1 {SITTING.AT>GHENNAI)
I.A. Nd. 402/-2025 (WoD) . In MiscAppeal Dy No. 884/2025
Dated: 14.07.2025
The Shatter is’ taken up: for hearing by way :df a. Praecipe; filed’by the Petiti^phqrs/AppeU^tsfpr^seel^g urgent relief. This Application is.filed’ seeking waiver of statutory deposit ./required under: Section 180) of the SARFAESi Act; ,2002, for,. ■ feiitenaihihg die Appeal’.
Learned Counsel for Pptitiphcrs/AppeUahts submitted that, ■the Petitioners/Appellants Tiled SA. No. 259/2025 challenging' the itteasufes taken under SARFAESI-Act’, 2062), starting-from.the . demand notice, Symbolic ppssbssidri, proceedings under 1’4. of the ■ i /SARFAESI' Act, ‘possession .notice issued by .the Court. .Commissioner dated i2i03.2025.and ,2’6.03.2025; etc.
Learned .Presiding’Officef.iDRTT 11, Alimcdabadj passed’an. order pri 19;04.-2025 directing the -Respondent Bank to. appropriate;'a sum of Rs.30 J&khs along with interest accrued’ yzhlch was: deposited by Petitioners/AppeUants-.and lying in. the ■ Sundry; A'c'cciunt and- further' directed the Pedtioners/Appellants to depositi.Rs'iiO Lakhs with Respondent Bank within a.period .of - .10 days from' the date, of jJassuig of Order. .and another Rs.,10 . Lakhs: within a period of 30- ddys from that day along xvitli OTS .proposal. It is the submission Of Learned Counsel for Petitioners/Appellants, that 'Rs.20 Lakhs was; appropriated,, but ;due to ^financial difficulty,’ the Pctitioners/App.ellahfs -could, not ‘make the-deposit of Rs. 10'Lakhs each,- on'two occasions. The, Application filed fot seeking extension of time was' dismissed. Therefore; this-Appeal is fried,along with- Waiver Application.
Issues for consideration
2 issues framed by the court
Whether to grant waiver of statutory deposit required under Section 180 of the SARFAESI Act, 2002 for filing the appeal.
Whether to extend time for payment of statutory deposit due to financial difficulty of the Petitioners/Appellants.
Parties & counsel
- applicant
Petitioners/Appellants
- respondent
Respondent Bank
Coram
Debt Recovery Appellate Tribunal, Mumbai (sitting at Chennai)
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page · Drat Mumbai
- Order 2 · Drat Mumbai
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