Pre-Deposit For Filing Appeals Before DRAT Is A Mandatory Requirement - in appropriate cases for reasons to be recorded the deposit of at least twenty-five per cent of the debt due would be permissible, but not entire waiver.

Citation AIR 2021 SC 1041 AIROnline 2021 SC 60 Pre-Deposit For Filing Appeals Before DRAT Is A Mandatory Requirement: Supreme Court [Case: Kotak Mahindra Bank Pvt. Limited v. Ambuj A. Kasliwal; Citation: LL 2021 SC 89] A bench comprising of then Chief Justice of India SA Bobde, Justice AS Bopanna and Justice V. Ramasubramanian observed that entire waiver of pre-­deposit for filing appeal before Debt Recovery Appellate Tribunal under Section 21 of the Recovery of Debts and Bankruptcy Act, is impermissible. In all cases fifty per cent of the decretal amount i.e. the debt due is to be deposited before the DRAT as a mandatory requirement, but in appropriate cases for reasons to be recorded the deposit of at least twenty-five per cent of the debt due would be permissible, but not entire waiver.

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