G.ROHINI, RAJIV SAHAI ENDLAW
Satnam Agri Products Ltd. – Appellant
Versus
Union of India – Respondent
G. Rohini, J.—The short question that arises for consideration in this petition is whether the condition of making pre-deposit in terms of the second proviso to Section 18(1) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short Securitisation Act), is mandatory even for entertaining an appeal against an order passed by the Debt Recovery Tribunal on an interlocutory application which does not have the effect of staying the action or measures taken by the secured creditor for enforcement of security interest under Section 13(4) of the Securitisation Act.
2. The essential facts leading to preferring this petition are:-
(a) Aggrieved by the proceedings initiated under Section 13(4) of the Securitisation Act, the petitioners filed an appeal S.A. No. 180 of 2011 before the Debts Recovery Tribunal-II, Chandigarh under Section 17 of the Securitisation Act contending that the impugned action is in violation of statutory provisions and RBI guidelines. Pending the said appeal, the petitioners filed I.A. No. 200 of 2011 seeking a direction to the respondents for rehabilitation of the unit of the petitioner No.1 and restru
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