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SURESH KUMAR KAIT, ANAND PATHAK
Om Associates – Appellant
Versus
State of M. P. – Respondent
| Table of Content |
|---|
| 1. petitioner's request for reliefs. (Para 1 , 2) |
| 2. key dates/events relevant to the case. (Para 3) |
| 3. petitioner challenges deposit requirement. (Para 4) |
| 4. respondent states deposit necessity. (Para 5) |
| 5. vested rights and appeal process. (Para 7 , 8 , 9) |
| 6. principles on appeal rights established. (Para 10 , 11 , 12) |
| 7. amendments to procedure and vested rights. (Para 13) |
| 8. court sets aside deposit requirement. (Para 14) |
| 9. final order and decision. (Para 15) |
ORDER :
Per: Justice Anand Pathak
1. The present petition under Article 226 of the Constitution is preferred by the petitioner seeking following reliefs:
“(i) That, the recovery document (Annexure P/1) and letter dated 6.7.2021 (Annexure P/2) be directed to be quashed and set aside.
(ii) That, the appellate authority may be directed to decide the appeal without insisting upon deposit of 10% for maintaining of appeal in terms of order Annexure P/2.
(iii) That, it may be held that rules of 2018 are applicable, which nowhere provides for deposit of 10% as pre-deposit for maintaining of appeal. The rules of 1996 may be held to be not applicable.
(iv) That, other relief which is just and proper in the facts and circums
The right to appeal is a vested right that cannot be retroactively altered by subsequent amendments unless explicitly stated.
Appeal – Onerous condition of payment of 50% of amount awarded will not be applicable to complaints filed prior to commencement of 2019 Act.
Lack of payment of higher amount of pre-deposit - Statutory conditions requiring pre deposit to be made with respect to disputed demand of penalty (where a minimum 30% was required to be deposited an....
A writ petition under Article 226 is not maintainable when an effective statutory remedy exists under the Securitisation Act, especially in recovery related matters.
The court ruled that appeals against procedural orders should not be subjected to deposit requirements under section 21 of the RDB Act, preserving natural justice.
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