1. The issue involved in all these matters is “whether a person, who is neither a borrower nor a guarantor, is liable to make the pre-deposit for preferring an appeal under Section 18 of the SARFAESI Act or under Section 21 of the Recovery of Debts and Bankruptcy Act, 1993.”

2. It is not in dispute that as per Section 18 of the SARFAESI Act a borrower or a guarantor is liable to make a pre-deposit of 50% of the amount of debt due from him as claimed by the secured creditor or as determined by the Debts Recovery Tribunal, whichever is less, for entertaining an appeal before the Debt Recovery Appellate Tribunal, as against the order passed by the Debts Recovery Tribunal under Section 17 of the SARFAESI Act, provided, the Appellate Tribunal may, for the reasons to be recorded in writing, reduce the amount to not less than 25% of debt due from the borrower as claimed by the secured creditor or as determined by the Debts Recovery Tribunal.

3. As per Section 21 of the Recovery of Debts and Bankruptcy Act, 1993, when an appeal is preferred by any person, from whom the debt is due