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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 ..... cation filed u/s 17. DRAT only had to consider whether the order of the DRT can be construed to be perverse and erroneous so as to cause interference. In view thereof and considering the law as is settled by this Court in Dilawar Hakim [ 2005 (10) TMI 617 - BOMBAY HIGH COURT ] DRAT could not have directed the Petitioner to deposit 50% of the amount due from him keeping in view that an auction sale had already occurred and the DRT had not determined any amount to be recovered from the Petitioner. Moreover, the Petitioner has deposited Rs. 50,00,000/- with the DRAT. We, therefore, conclude that in the matters of condonation of delay, unless the delay is condoned, the main proceedings would not be taken up for hearing. Hence the stage of depos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the matter of condonation of delay along with a statutory appeal / revision, the Revisional Authority u/s 154 (2A) of the Maharashtra Co-operative Societies Act, has to deal with the only issue of condonation of delay. The mandate of sub-section (2A) will not apply to an application for condonation of delay. 4. It was held that the statutory scheme of Section 154 would apply after the Revisional Authority takes up the Revision for decision. The Revision can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en 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 even for considering the application for condonation of delay. The statutory scheme of section 154 is clear. It firstly requires a party to show sufficient cause for preferring the revision beyond the prescribed period and empowers the Registrar to entertain the revision only after sufficient cause is shown. The revision can be said to have been received along with the application for condonation of delay, but is not entertained until the delay is condoned as requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred 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) and rules made thereunder. [Emphasis supplied] 5. It is, thus, clear that the person aggrieved by an order of the DRT can prefer an appeal to the Appellate Tribunal. No Appeal would be entertained unless the borrower has deposited with the Appellate Tribunal, 50% of the amount of debt due from him, as claimed by the secured creditors or determined by the DRT, whichever is less. The 3rd proviso below Section 18(1) permits the Appellate Tribunal to reduce the amount to not less ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 amount due from him keeping in view that an auction sale had already occurred and the DRT had not determined any amount to be recovered from the Petitioner. Moreover, the Petitioner has deposited Rs. 50,00,000/- with the DRAT. 9. We, therefore, conclude that in the matters of condonation of delay, unless the delay is condoned, the main proceedings would not be taken up for hearing. Hence the stage of depositing the amount as may be prescribed / engrafted in any statute as a pre-condi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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