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TMI Blog2024 (9) TMI 1552X X X X Extracts X X X X X X X X Extracts X X X X ..... d Debt Recovery Appellate Tribunal (for short 'DRAT'), it is obvious that the pleadings and the submissions of the parties before the learned DRAT, were in a tangent. The short issue before the learned DRAT was as to whether the order of the learned Debt Recovery Tribunal (for short 'DRT') dated 05.07.2022 in Diary No.453/2020, rejecting the interlocutory application No.424/2020 seeking condonation of delay, was legal and proper. The parties addressed the DRAT on the point of depositing 50 % amount, as a pre-condition for entertaining the Application for Condonation of Delay. 3. This Court [Coram : S.A.Bobde (as his Lordship then was), J.] held in Dilawar Hakim Shah Versus Special Recovery Officer and Others [2006(3) Mh.L.J.256] that in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Registrar with in the prescribed period and the entertainment of the revision itself. 7. The word entertain has been interpreted by the Supreme Court in (Lakshmiratan Engineering Works Ltd. v. Assist. Commissioner (Judicial), Sales Tax, Kanpur Range)1, A.I.R. 1968 S.C. 488 in the context of an appeal wherein Their Lordships held that the word entertain means to deal with or admit to consideration and not receiving or filing of the appeal. This decision has been subsequently followed by Their Lordships in (Hindustan Commercial Bank Ltd. v. Punnu Sahu) 2, A.I.R. 1970 S.C. 1384. Undoubtedly, therefore, because the application for condonation of delay is filed along with the appeal, it cannot be said that bar of sub-section (2-A) applies eve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r or by the person other than the borrower:] 3[Provided further that no appeal shall be entertained unless the borrower has deposited with the Appellate Tribunal fifty per cent. of the amount of debt due from him, as claimed by the secured creditors or determined by the Debts Recovery Tribunal, whichever is less: Provided also that the Appellate Tribunal may, for the reasons to be recorded in writing, reduce the amount to not less than twenty-five per cent. of debt referred to in the second proviso.] (2) Save as otherwise provided in this Act, the Appellate Tribunal shall, as far as may be, dispose of the appeal in accordance with the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993) an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed, much less to be considered, since the only issue before the DRAT was as regards the condonation of delay. If the said proceedings before the DRAT would have been allowed, the Application for condonation of delay, filed before the DRT, would have stood allowed. Thereafter, the main proceedings before the DRT u/s 17 would have been registered and the DRT would have then commenced the hearing on the merits of the application filed u/s 17. The DRAT only had to consider whether the order of the DRT can be construed to be perverse and erroneous so as to cause interference. 8. In view thereof and considering the law as is settled by this Court in Dilawar Hakim(supra), the DRAT could not have directed the Petitioner to deposit 50% of the am ..... X X X X Extracts X X X X X X X X Extracts X X X X
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