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2020 Supreme(SC) 213

UNION BANK OF INDIA – Appellant
Versus
RAJAT INFRASTRUCTURE PVT. LTD. – Respondent


Advocates Appeared:
For the Appellant :Aditya Gaggar, O. P. Gaggar, Advocates
For the Respondent:Nikhil Jain, Dushyant A. Dave, Aditya Kumar Choudhary, Gurmehar Vaan Singh, Rajesh Singh Chauhan, P.S. Patwalia, Abhimanyu, Advocates

JUDGMENT

Deepak Gupta, J.

Leave granted.

2. These appeals were initially directed against the order dated 25.11.2019 of the Bombay High Court. By the said impugned order the High Court had relegated the appellant before it i.e. respondent no. 1 herein to avail the statutory remedy of appeal before the Debt Recovery Appellate Tribunal (for short 'the DRAT).

3. The short question which arises for determination is whether the High Court was right in directing that pre-deposit was not required for entertaining an appeal before the DRAT as mandated by Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act').

4. It is not necessary to set out the facts of the case in detail in view of the decision which we propose to take. The basic facts are that the respondent no. 1 stood guarantee and mortgaged its property for repayment of loan availed by respondent nos. 4 and 5. The property was put to auction and respondent nos. 2 and 3 who are the alleged leaseholders in possession of the property are the highest bidders for a sum of Rs.65.52 crores. The main objection of the respondent no.1 to the sale is that it


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