Surendra Hegde C. S/o Krishnaiah Shetty v. Pragathi Gramin Bank Hole Honnur Branch
2019-03-05
RAVI MALIMATH, S.G.PANDIT
body2019
DigiLaw.ai
ORDER : 1. The petitioners seek to challenge the order dated 7.3.2014 on I.A. No. 75 of 2014 in AIR 567 of 2013 passed by the Debt Recovery Appellate Tribunal, wherein they were directed to pre-deposit a sum of Rs. 1,09,05,330/- on or before 08.04.2014 failing which, the application would automatically stand dismissed. 2. The plea of the petitioners is that they are not entitled to pay the amount to the Bank. Therefore, the question of making the pre-deposit of Rs. 1,09,05,330/- is erroneous. That in terms of the merits of the case, the petitioners are not entitled to make any payment. He further pleads that in terms of Section 21 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993, (for short ‘the Act’) there could be a waiver of the pre-deposit. Hence pre-deposit may be waived and the application be heard on merits. 3. On hearing learned counsels, we are of considered view that appropriate relief requires to be granted. The proviso to Section 21 of the Act, reads thus:- “21. Deposit of amount of debt due, on filing appeal - Where an appeal is preferred by any person from whom the amount of debt is due to a bank or a financial institution or a consortium of banks or financial institutions, such appeal shall not be entertained by the Appellate Tribunal unless such person has deposited with the Appellate Tribunal seventy-five per cent of the amount of debt so due from him as determined by the Tribunal under section 19: Provided that the Appellate Tribunal may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this section.” 4. That the Appellate Tribunal may for reasons to be recorded waive or reduce the amount to be deposited under this Section. The said clause was substituted by Act 14 of 2016 with effect from 01.09.2016. The impugned order of the Appellate Tribunal is passed on 07.03.2014. Therefore, the amendment would not be applicable to the petitioners in terms of the Act 14 of 2016. The Tribunal is empowered to waive or reduce the amount for reasons to be recorded. 5. In view of the contentions advanced by the learned counsel for the petitioners, we are of the view that the petitioners shall make a pre-deposit of 10% of the amount involved. 6.
The Tribunal is empowered to waive or reduce the amount for reasons to be recorded. 5. In view of the contentions advanced by the learned counsel for the petitioners, we are of the view that the petitioners shall make a pre-deposit of 10% of the amount involved. 6. Thus, in our considered view, to meet the ends of justice, the writ petition is partly allowed. The order dated 07.03.2014 passed on I.A. No. 75 of 2014 in AIR 567 of 2013 by the Debt Recovery Appellate Tribunal is set aside. The petitioners shall deposit a sum of Rs. 21,81,065.90 before the Appellate Tribunal by the end of April 2019. If such a deposit is made, the appeal shall stand restored to file and the Appellate Authority is directed to consider the plea of the petitioners on merits and pass appropriate orders.