Pradeep Gordhandas Vora versus Housing Development Finance Corporation Limited

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DEBT RECOVERY APPELLATE TRIBUNAL-MUMBAI (SITTING AT -CHENNAI) M.A. No. 30/2025 (Withdrawal of Pre-Deposit) In (Misc. Appeal No. 15/2022-Disposcd of)

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Dated: 04.06.2025.

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This Application is filed for withdrawal of pre-deposit of Rs.4,78,10,368/-. This amount was deposited for entertaining the Appeal in Misc. Appeal No. 15/2022. This Appeal was disposed of on 15.07.2022 with a direction to the Learned Presiding Officer, DRT-1, Mumbai, to dispose of the S.A. No. 52/2020 as expeditiously as possible. In view of the disposal of the Misc. Appeal, this Application is filed for withdrawal of pre-deposit.

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Learned Counsel for Respondent Financial Institution opposes this Application on the ground that Petitioner/Appellant owes more than Rs. 40 Crores to Respondent Financial Institution. Considering the rival submissions and perused the records. It is not in dispute that the Misc. Appeal was disposed of on 15.07.2022. The pre-deposit is available with the Registrar, DRAT, Mumbai. The prerdeposit amount is neither a secured debt nor any security interest is created in this amount. There is no attachment under Section 13(10) of the SARFAESI Act, 2002, for attaching the prerdeposit amount. .In the said circumstances, the Petitioner/Appellant is entitled to refund of this amount as a matter of right.

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In this view of the m'atter, this Application is allowed. The Registry, DRAT, Mumbai, is directed to refund of amount to the Petitioner/Appellant, with the accrued interest, if any. fe-4 CHAIRPERSON, DRAT, CHENNAI (IN-CHARGE. DRAT, MUMBAI)

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MKS

Pradeep Gordhandas Vora v. Housing Development Finance Corporation Limited

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Pradeep Gordhandas Vora v. Housing Development Finance Corporation Limited

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