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Judgment
Misc. Application No.09/2026
The instant application is filed seeking direction to the respondent bank to release the amount of Rs.45 lakhs, along with interest accrued thereon, deposited by the appellants during the pendency of the Misc. Appeal No.144/2016.
It is stated that the Misc. Appeal No.144/2016 was filed by the applicants/ appellants to impugn the order dated 08.03.2016 passed by DRT-I, Chandigarh on an application I.A. No.175/20216 filed in S.A. No.169/2025. Vide order dated 01.04.2016 this Tribunal had directed the appellants to make a pre-deposit of Rs.45 lakhs. The Misc. Appeal No.144/2016 was decided vide order dated 08.12.2016 passed by this Tribunal and the DRT was directed to dispose of the main S.A. as early as possible, with liberty to the applicant/ appellant to file a fresh independent S.A. challenging the sale. The S.A. No.12/2017 which was filed in pursuance of the order dated 08.12.2016 was decided vide order dated 11.02.2026 by DRT-II, Chandigarh. It is stated that the applicants being aggrieved by the said order have filed an Appeal bearing EDRAT No.522/2026 and DRAT, Chennai as additional charge holder of DRAT Delhi has passed an order on 07.04.2026 regarding pre-deposit, the relevant portion of which is reproduced as under:-
The sale is over and a third party interest is created. Considering also the fact of financial difficulty expressed by the petitioner/appellant, this Tribunal directs the appellant/petitioner to make a pre-deposit of 30% on Rs.3,78,36,061.20 (rounded off to Rs.3,78,36,061/-) (less the amount of Rs.18,86,736/-, already deposited towards pre-deposit) which come to Rs.94,64,082/- in two equal instalments within four weeks from today of which, the first instalment of Rs.47,32,041/- shall be deposited within two weeks from today i.e., on or before 22.04.2026 and the second instalment of Rs.47,32,041/- shall be deposited within two weeks thereafter, i.e. on or before 06.05.2026. Petitioners/appellants' claim that a sum of Rs.45.00 lakhs deposited towards pre-deposit in the other appeal, which was disposed, and available in 'No Lien Account' cannot be considered for pre-deposit in the present appeal. Appellants/petitioners are at liberty to withdraw the amount and use it for pre-deposit in this appeal. Accordingly, ordered.
After dictating the order, Ld. counsel for the petitioners/ appellants submitted that he may be given two instalments one payable by 30.04.2026 and other payable by 15.05.2026. Therefore, petitioners/ appellants are directed to make pre-deposit in two instalments, first instalment payable by 30.04.2026 (instead of 22.04.2026) and second instalment by 15.05.2026 (instead of 06.05.2026).
Post the matter on 18.05.2026 for compliance and hearing.
The counsel for the applicants stated that as per the order dated 07.04.2026, the previous deposit of Rs.45 lakhs made during the Misc. Appeal No.144/2016 is required to be withdrawn for being deposited with this Tribunal. It is prayed accordingly.
It is appearing from the record that the Appeal bearing EDRAT No.522/2026 is listed on 18.05.2026 for compliance and further hearing. The issue of withdrawal of Rs.45 lakhs deposited during the pendency of Misc. Appeal No.144/2016 and depositing the said amount in the Appeal (EDRAT) No.522/2026 shall be considered when the said appeal comes up for hearing on 18.05.2026.
Application stands disposed of.