The mandatory requirement to pre-deposit up to 50% of the debt to appeal under Section 18 of the SARFAESI Act, 2002, applies to any order passed by the Tribunal under Section 17, including orders on delay condonation applications.
Having regard to the statutory provisions as interpreted by various High Courts and the Hon’ble Supreme Court, the requirement to pre-deposit upto 50% of the debt due to prefer an appeal under Section 18 of the Act, 2002 against any order passed by the Tribunal under Section 17 is mandatory and such requirement is applicable to any order passed by the tribunal under Section 17, including an order passed in an application to condone the delay in filing S.A., under Section 17 of the Act, 2002.
IN THE HIGH COURT OF TELANGANA AT HYDERABAD P. NAVEEN RAO, ACJ and NAGESH BHEEMAPAKA, JJ. W.P. No. 9648 of 2023 DECIDED ON : 14-07-2022 Sri Abhishek Steel and Power Ltd., rep. by its Director, Gopaal Agarrwal, Medchal, Malkajgiri District and another Vs. Union of India, through its Ministry of Finance and Law, New Delhi, India, rep. by its Secretary and others
12/18/20241 min read