ELIPE DHARMA RAO
Indian Bank, Asset Recovery Management Branch-I & Others – Appellant
Versus
Debt Recovery Appellate Tribunal, Mumbai & Others – Respondent
ELIPE DHARMARAO, J.
The legal question that is required to be answered by us in these matters is could there be any complete waiver of deposit amount to be made by the borrower/guarantor while preferring an appeal before the Debts Recovery Appellate Tribunal, as contemplated under Section 18(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) and whether credit could be given to the borrower/guarantor as against the amount deposited/paid by the auction purchaser towards the sale price?
2. The writ petitioner/Bank is the creditor; the respondents 3 and 4 in the writ petition are the guarantors and the 5th respondent in the writ petition, who is the petitioner in the Civil Revision Petition is the auction purchaser. For the sake of convenience and easy reference, the parties are referred to as per their ranking in the writ petition.
.3. One late G. Venkateswaran and his wife Mrs. Sujatha Venkateswaran were the shareholders of Sujatha Films Limited, Parsn Medicinal Plants Private Limited now renamed as Parsn Holiday Resorts (P) Limited and Coconut Groves Private Limited,
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