ORDER

1. Leave granted. This appeal by the borrower is directed against judgment dated 7th December, 2010 delivered by the High Court of Calcutta in C.O. No.3608 of 2009. By the impugned judgment, the High Court has set aside the order passed by the Debts Recovery Appellate Tribunal, Kolkata (for short, "the Appellate Tribunal") in Appeal No.35 of 2009, whereby the Appellate Tribunal, while allowing the application filed by the appellant under Section 18(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, "the Act") had exempted the appellant from making any deposit in terms of second proviso to Section 18 of the Act before entertaining the appeal against the order passed by the Debts Recovery Tribunal.

2. With the consent of learned counsel for the appellant as also the respondent-bank, which is on caveat, we have heard the matter finally at the motion hearing stage itself. Since the issue canvassed before us is a pure question of law, we deem it unnecessary to state the facts giving rise to this appeal.

3. Assailing the judgment, Mr. Ranjan Mukherjee has submitted that since the Debts Recov