The Debt Recovery Appellate Tribunal dismissed the appellant's appeal for non-maintainability due to a failure to make the requisite pre-deposit of appeal fees under s. 18 of the SARFAESI Act despite earlier extensions.
The appeal was dismissed as not maintainable for default in making the pre-deposit; no further time was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl. Dy No. 886 of 2024
(Arising out of S.A. 48 of 2021 – DRT-III Kolkata)
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
Order No. 19
12.02.2026
2.Sri Subhranil Mitra Residing At Tower 3, Flat No 33c, 375, Prince Anwar Shah Road, South City Mall, Jodhpur Park, Kolkata
3.Smt Paromita Mitra Residing At Tower 3, Flat No 33c, 375, Prince Anwar Shah Road, South City Mall, Jodhpur Park, Kolkata
4.Swapan Kumar Mitra Residing At Tower 2, Flat No 34g, 375, Prince Anwar Shah Road, South City Mall, Jodhpur Park, Kolkata
5.Smt Sucheta Mitra Residing At Tower 2, Flat No 34g, 375, Prince Anwar Shah Road, South City Mall, Jodhpur Park, Kolkata
6.Sree Mohananda Saw Mill Residing At Budge Budge Trunk Road P.O-Vivekananda Pally, Village-Menanpur, South 24 Pgs
7.S K Mitra Properties And Investment Pvt Ltd At 14-B, Station Road, Dhakuria, Kolkata 700031
... Appellant
--Vs—
... Respondents
For Appellant : Mr. Partha Ghosh, ld adv. Mr. Ayash Kanta Ghosh, ld. Adv. Ms. Tias Mitra, ld. Adv. For Respondent : Mr. Avishek Guha
THE APPELLATE TRIBUNAL
Vide order dated 16.01.2025 appellant was directed to make pre-deposit 35% of Rs.15.97 crore within a period of four weeks. Thereafter, the order dated 16.01.2025 was challenged before the Hon’ble High Court at Calcutta in CO No. 308 of 2025 wherein Hon’ble High Court revised the amount of pre-deposit to 25% of Rs.15.97 crore to be deposited within four weeks from the of receipt of server copy of the order. Thereafter, Hon’ble High Court vide order dated 08.08.2025 time for making pre-deposit was extended till 01.09.2025 vide CAN 1 of 2025. Even thereafter order of the Hon’ble High Court was not complied with.
Accordingly, today appellant again moved an application for extension of time for making pre-deposit on the ground that they have again moved Hon’ble High Court for further extension of
time, but there is no order of the Hon’ble High Court for extension of time.
I do not find any ground to further grant any time for making pre-deposit as required u/s 18 of the SARFAESI Act. Accordingly, Appeal is dismissed as not maintainable for want of pre-deposit.
File be consigned to record room.
Copy of the Order be uploaded in the Tribunal’s website. Order dictated, signed and pronounced by me in the open Court on this the 12th day of February, 2025.
(Anil Kumar Srivastava, J) Chairperson
Dated : 12.02.2026 – 06/pkb
1 issue framed by the court
Whether to grant any further extension of time for making the statutory pre-deposit required under s. 18 of the SARFAESI Act.
1 provisions across 1 enactments
Southern Cooling Tower Private Limited And Ors
Bank Of Baroda
Anil Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
