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...Tribunal, Allahabad (for short, ‘DRAT’), by which the DRAT while entertaining the appeals under Section 18 of the SARFAESI Act held that the borrower is not liable to deposit 50% of the a...auction. The DRAT vide order dated 20.12.2018 directed the borrower to comply with the requirements of making a pre-deposit under Section 18 of the SARFAESI Act. The said order w...and therefore the requirement of making a pre-deposit under the second proviso to Section 18 of the SARFAESI Act can be said to have been met. That thereafter, the DRAT disposed ...
...upon the compliance with the requirements contained in section 18 of SARFAESI. Mr. Goenka, relying upon the decision of the Hon'ble Supreme Court in ...which was represented by an advocate before DRAT has also not raised any objection to the very entertainment of appeal, in view of the provisions contained in section 18 of sarfaesi....entertained appeal no. 347 of 2015 and made the impugned order dated 28 January 2016 therein, without insisting upon the petitioners complying with mandatory provisions of pre-deposit as contained in ...
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ORDER UNDER SECTION 18 (1) OF SECURITIZATION AND
...passed under Section 17 of SARFAESI Act, 2002, and Appeal remedy is provided for all Orders passed under Section 17 of SARFAESI Act, 2002. As
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...necessary to examine Section 18 (1) of SARFAESI Act, 2002, and proviso thereto, which empower this Tribunal to pass Orders in respect of pre deposit. Section 18 ...
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ORDER UNDER SECTION 18 (1) OF SECURITIZATION AND
...are passed under Section 17 of
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SARFAESI Act, 2002, and Appeal remedy is provided for all Orders passed under ...may be necessary to examine Section 18 (1) of SARFAESI Act, 2002, and proviso thereto, which empower this Tribunal to pass Orders in respect of pre deposit. Section 18 ...
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ORDER UNDER SECTION 18 (1) OF SECURITIZATION AND
...Interlocutory Orders are passed under Section 17 of SARFAESI Act, 2002, and Appeal remedy is provided for all Orders passed under Section 17 of SARFAESI Act, 2002. As per ..., based on the above referred judgement. Objection of Respondent Bank is that this Tribunal has no power to grant total waiver; therefore, it may be necessary to examine Section 18 (1) of SARFAESI Act, 200...
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.... The Appellants had deposited an amount as pre-deposit under the provision of section 18 (1) of the SARFAESI Act for
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entertaining the appeals. Since the appeals have been disposed of, applications for withdrawal of the deposit amount have been filed.
4. Notice has been serv...M.A. No. 120/2023 (Withdrawal of Money) In
(Misc. Appeal No. 48/2023- Disposed of) Between
Mahesh S/o Deodutta Gupta & Ors...
.... The Appellants had deposited an amount as pre-deposit under the provision of section 18 (1) of the SARFAESI Act for
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entertaining the appeals. Since the appeals have been disposed of, applications for withdrawal of the deposit amount have been filed.
4. Notice has been serv...M.A. No. 120/2023 (Withdrawal of Money) In
(Misc. Appeal No. 48/2023- Disposed of) Between
Mahesh S/o Deodutta Gupta & Ors...
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Misc. Appeal Dv.No.1195/2025
This application is filed in Misc. Appeal Dy.Np.1195/2025 seeking waiver of pre-deposit under Section ...directs the petitioners to make a pre-deposit of 30% of Rs.2,06,58,417.87p to meet the requirement under Section 18 of SARFAESI Act.
On th...Ld. DM under Section 14 of the SARFAESI Act Jiotice for taking possession cannot be issued. Thus, this appeal is filed with waiver application and prayed for waiver of pre- deposit...
...1. Having heard both sides from the point of interim relief, we find that since the impugned order is passed on an application seeking dispensation and waiver of the condition of pre-deposit ...accordance with law, uninfluenced by any tentative and prima facie finding in the order seeking dispensation and waiver of pre-deposit. This order is passed bearing in mind the facts peculiar in this case...all rights and equities would be balanced if we direct that the Petitioner shall deposit a sum of Rs. 25,00,000/- with the DRAT within eight weeks from the date of receipt of this order. That shall take...
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.... 538 of 2025 Application for waiver from making pre-deposit under Section 18 of the SARFAESI Act, 2002 filed by the Appellant. Opposition filed by the Respondents...
Reportable/Non-Reportable Misc. Appeal Dy. No.928 of 2025 -DRAT-Kolkata
IN THE DEBTS RECOVERY.... No. 928 of 2025 (Arising out of S.A. No. 755 of 2024 in DRT- 3 Kolkata)
1. Mrs. BUL BUL DEB, P-43, Raipur, P.S -Patuli, P.O- Garia, Kolkata 700084 and also at B/24/A, L.N Colony...
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...sufficient reasons for the same. However, the learned DRAT cannot entertain the appeal, without the said pre-deposit being made.1
12. The right of to prefer...determining the quantum of pre- deposit under Section 18 of the SARFAESI Act. The quantum of pre-deposit is to be determined on the basis of t...that the pre-deposit in terms of Section 18 of the SARFAESI Act is required to be computed on the basis of their liability as guarantors, which, according to the petitioners, is ...
..., the subsequent interest on the debt claimed can also be taken note of, while imposing condition to order pre-deposit, under Section 18 of the SARFAESI Act, 2...waiver application, the appellant has contended that he has made deposit of Rs. 80 Lakhs. Notice dated 21.10.2010 under Section 13(2) of the SARFAESI Act, has been issu...ground of it being arbitrary, illegal, violative of Article 14 and 21 of the Constitution of India and Section 18 of the SARFAESI Act and consequently ...
...merits.3. Though we would not interfere with the discretionary order passed by the DRAT in the matter of pre-deposit under Section 18(2) of the SARFAESI Act, ho...the pre-deposit and decide the appeal on merits and thus render justice.The Order of the Court was delivered byVineet Kothari, J.:— This petition has been filed...petitioner/borrower.2. The learned counsel for the petitioner urges that the petitioner is now arranging the amount of pre-deposit of Rs. 15,00,000/- (Rupees Fifteen Lakhs only), as...
...appearing for the petitioners states on instructions that the learned DRAT has erred in passing the impugned order dated 13.03.2020, by calling upon the petitioners/borrowers to make a pre-deposit of 50% under ....
3. We may note that the impugned order has itself clarified that in case any mortgaged properties are sold after issuance of a notice under Section 13(2) of the SARFAESI Act, the sale...the sale proceeds of the immovable properties should be deducted from the amount being claimed by the respondent in the demand notice issued under Section 13(2) of the SARFAESI Act in anticipation ...
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...complied with the pre-deposit requirement under Section 18 of the SARFAESI Act. Since this appeal is filed against an interim order, this Tribunal is of the view that this appeal...
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ORDER
1. This appeal is filed under Section 18 of the ...initiated pursuant to the order passed under Section 14 of the SARFAESI Act in Crl.MP. No.424/2022 dated 13.6.2022. Learned Presiding Officer passed a conditional order of stay subject to appellants...
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