This order allows an application for withdrawal of a pre-deposit made to entertain a regular appeal, as the appeal has been disposed of and no attachment proceedings are pending.
Application M.A. No. 28 of 2025 allowed; Registry directed to return the pre-deposit amount with accrued interest.
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I ' .DEBT-RECOVERY APPELLATE-TRIBUNAhtMUMBAI . (S1TTIIM0 aT-ch£nnAl) i •M.A. :No. 28/2025 [Withdrawal of PrerDepositj In : (Regular; Appeal Dy. Nd.. 1328/2022- Disposed :of) Dated:: 16.05.2025 This Application is, filed for withdrawal .of. pre: s deposit. It Is. the sUbrnissiph of Learned Counsel for Petitioners/Appellants- that while, filing the Regular' Appeal. Dy.- -No. .1328/2022, fhc^Pctitioners/Appehahts made a deposit of.Rs,3'8-Lakhs’ toward pre-deposit. The1 Appeal was: dismissed on ’29.02.2024. When the: matter was . heard oh .16.04.2025, Learned Counsel for Pctitioners/Appeilohts brought; to ; -notice, of this Tribunal that the Petitioners/Appellants . ♦ ■ ' filed Writ'Petition in WP No 859/2025 subsequent to ' i .the order-passed by this Tribunal .and said'Writ Petiticin. ; is:pendihg. Today, if js' iilfonhed’ by Learned Counsel ;fdr ’ ^Petitioners/,Appellants that: the aforesaid Writ Petition, ds disposed of “as withdraxvn on’28.04.5025. Learned. Counsel for Respondent Bank opposes this ’: Application on the ground that, there- is huge amount • jdue'to the/Bank. W,<y!
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Considering the fact that the pre-deposit was made only to entertain the Appeal in Regular Appeal Dy. No. 1328/2022, and now that it has been disposed of, and there is no reason to withheld this amount unless there is attachment in any proceedings under Section 13 (10) of the Act read with Rule 11 of the Security Interest (Enforcement) Rule, 2002. In view of the same, the Application in M.A? No. 28 of 2025 is allowed. The Registry, DRAT, Mumbai, is directed to return the amount, along with accrued interest, if any, to the Petitioners/Appellants. CHAIRPERSON, DRAT,CHENNAI (IN-CHARGE. DRAT, MUMBAI) PSA
2 issues framed by the court
Whether an application for withdrawal of pre-deposit in a disposed appeal should be allowed.
Whether the pre-deposit can be returned without attachment proceedings under Section 13(10) of the Act.
2 provisions across 2 enactments
Petitioners/Appellants
Respondent Bank
Chairperson, DRAT, Chennai (In-Charge. DRAT, Mumbai)
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
