Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of decision: 5 December, 2018
+ W.P.(C) 7747/2018, CM Nos. 51108/2018 & 51109/2018
KAMAL KISHORE SASPAL
..... Petitioner
Through: Mr. Amarjit Singh Bedi, Adv.
versus
DEVELOPMENT CREDIT BANK LTD
..... Respondent
Through: Mr. Hashmat Nabi and
Mr. Farah Naaz, Advs.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V. KAMESWAR RAO
V. KAMESWAR RAO, J. (ORAL)
CM No. 51109/2018 (for exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
CM No. 51109/2018 (for amendment of the writ petition)
This is an application filed by the petitioner seeking amendment
in the writ petition. For the reasons stated in the application the same
is allowed and amended writ petition is taken on record.
Application stands disposed of.
W.P.(C) No. 7747/2018 Page 1 of 3
W.P.(C) 7747/2018
1. Mr. Hashmat Nabi, learned counsel appearing for the
respondent states he does not wish to file any reply to the amended
writ petition and the matter can be disposed of.
2. The issue which arises for our consideration is whether the
Appellate Tribunal can insist upon pre-deposit of 50% of the
amount of debt claimed from the petitioner by the respondent Bank
under Section 13(2) of the SARFAESI Act for entertaining the
appeal.
3. Mr. Hashmat Nabi states that even after adjusting the sale
proceeds, there is a shortfall of ` 2,40,99,109/- as on December 13,
2013. The petitioner has to include the interest component on the
said amount. He further submits that the 50% has paid on the
amount so computed in terms of the above.
4. Mr. Amarjit Singh Bedi, learned counsel appearing for the
petitioner states that the petitioner is not in a position to make the
pre-deposit. If that be so, in view of the decision of the Supreme
Court in Narayan Chandra Ghosh vs. UCO Bank and Others
reported as (2011) 4 SCC 548, wherein the Court has held that the
pre-deposit is a mandatory provision, no relief can be granted.
W.P.(C) No. 7747/2018 Page 2 of 3
5. It is clear that the pre-deposit is a mandatory provision,
which cannot be overlooked. In view of the fact that the petitioner
is not in a position to make the pre-deposit, we see no reason to
entertain the writ petition, the same is dismissed.
V. KAMESWAR RAO, J
CHIEF JUSTICE
DECEMBER 05, 2018 /aky
W.P.(C) No. 7747/2018 Page 3 of 3