Soumen Sen, J.—Any person, not being a borrower. if could maintain an appeal without pre-deposit as contemplated under section 21 of Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereinafter be referred to as D.RT. Act, 1993) is the issue to be decided in this application.

2. Before the Appellate Tribunal, the petitioner contended that having regard to the nature of the impugned order passed by the learned Presiding Officer, Debt Recovery Tribunal and the status of the petitioner, there may not be any liability and hence no requirement to make any pre-deposit under section 21 of the D.RT. Act. 1993.

3. The said appeal arose against an order dated 13th October, 2009 passed by the learned Debts Recovery Tribunal. Patna by which the Presiding Officer, D.RT., Patna directed the Recovery Officer to proceed with the auction sale of the property in question alongwith other attached properties. The said order was passed in connection with the Recovery Certificate issued in favour of the Bank on 3rd September, 2001. Under the certificate, the opposite party Nos. 2 to 7 were held to be liable jointly and severally for a sum of Rs 1,14,098.99/- upto 30th Decembe