S.Mahalingam v. The Registrar Debt Recovery Appellate
Case brief
What is this about?
The High Court disposed of a writ petition challenging a DRAT order requiring pre-deposit for an appeal under the SARFAESI Act. The Court modified the order to allow the petitioner to deposit 25% of the claimed amount in installments to entertain the appeal, noting that the merits of rival possession claims were not yet adjudicated.
What did the court decide?
The writ petition disposed of by modifying the DRAT order to accept a 25% pre-deposit in two installments; the appeal to be entertained upon first installment deposit.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.3091 of 2021
and W.M.P.No.3485 of 2021
S.Mahalingam ... Petitioner
Vs.
1. The Registrar,
The Debt Recovery Appellate Tribunal,
4th Floor, Indian Bank Circle Office,
55, Ethiraj Salai, Chennai - 600 008.
2. Canara Bank,
Asset Recovery Management Branch,
2nd Floor, Circle Office Building,
563/1, Anna Salai, Teynampet,
Chennai - 600 018.
3. Mr.E.Srinivasan ... Respondents
Prayer: Petition under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus to call for the records in the order dated 21.12.2020 in IA 288 of 2020 (waiver application) in AIR (SA) 55 of 2020 passed by the 1st respondent and to quash the same and direct the 1st respondent to entertain the appeal without the pre-deposit under Section 18(1) of the SARFAESI Act, 2002 and dispose on merits.
Mr.P.Jesus Moris Ravi for respondent-3
Issues for consideration
3 issues framed by the court
Whether a tenant or occupant can be treated as a borrower to demand pre-deposit for hearing an appeal under the SARFAESI Act.
Whether the Appellate Tribunal can entertain an appeal without full pre-deposit if a reduced deposit is agreed upon by the Court.
Whether the impugned order directing pre-deposit can be modified to facilitate adjudication of rival claims.
Parties & counsel
- petitioner
S.Mahalingam
- respondent
The Registrar, The Debt Recovery Appellate Tribunal
- respondent
Canara Bank
- respondent
Mr.E.Srinivasan
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court