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Judgment
Ashok Menon, Chairperson
This is an application filed for a waiver of pre-deposit u/s 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act).
The amount due to the Bank has not yet been determined by DRT and O.A. is still pending and S.A. is disposed of which is the impugned order challenged before Tribunal in Appeal. As per Sec. 13 (2) Notice dated 18.07.2019 issued by Respondent Bank a sum of Rs.1,86,97,325.62 is due.
Admittedly, Appellants have deposited a sum of Rs.32,85,529.29 towards the said amount due. Hence that amount will be deducted from the amount claimed u/s 13(2) Notice and the same is mentioned in the reply filed by Respondent Bank and the Account Statement produced by them. As of 31.03.2022, a sum of Rs.2,22,19,360.33 is outstanding towards the loan account. This includes interest that has accrued. The Appellants seek the maximum indulgence of this Tribunal as regards pre-deposit. It is well settled that the interest that accrues subsequently to the Notice issued u/s 13(2) of SARFAESI Act is also to be added while calculating the amount claimed u/s 18 of SARFAESI Act. 50% amount which is claimed in the 13(2) Notice without subsequent interest would come to Rs.93,48,662.5 and 50% amount mentioned in the reply would come to Rs.1,11,09,680/-. The maximum indulgence that can be shown by this Tribunal is to direct the Appellants to deposit 25% of Rs.2,22,19,360.33. Considering the contentions raised, I leave the quantum of determination of the amount due open.
The Appellant is directed to deposit a sum of Rs.56 lacs by way of pre-deposit u/s 18 of SARFAESI Act in two equal tranches. 1st tranche of Rs.28 lacs shall be deposited within three weeks i.e. on or before 23.05.2022 and the next tranche of Rs.28 lacs shall be deposited within three weeks i.e. on or before 13. 06.2022. Failure to deposit the above-referred amounts within time stipulated would entail in automatic dismissal of the Appeal.
The above amount shall be deposited in the form of a Demand Draft with the Registrar of this Tribunal.
On the payment of 1st tranche within the stipulated time, all proceedings with regard to the auction sale and taking over possession of the secured asset shall stayed till further Orders.
As and when the said amounts are deposited, they shall be invested in term deposits in the name of Registrar, DRAT, Mumbai, with any nationalized bank, initially for 13 months, and thereafter it will be renewed periodically.
Post on 24.05.2022 for reporting compliance with payment of the first installment.