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2025 Supreme(Online)(DRAT) 525

DEBT RECOVERY APPELLATE TRIBUNAL
Chairperson, CJ
MOHD FIROZ MOHD AZAD SHEIKH – Appellant
Versus
INDIAN OVERSEAS BANK – Respondent


Advocates:
For the Appellant: Unspecified
For the Respondent: Unspecified

I DEBT RECOVERY APPELLATE TRIBUNAL-MUMBAI . (SITTING AT -CHENNAI) LA. No. 426/2025 (WoD)

In Regular Appeal Dy No. 687/2024 Dated: 22.07.2025 The matter is taken up for hearing by way of a praecipe filed by the Petitioner/Appellant for seeking urgent relief.

This Application is filed seeking waiver of stalutoiy deposit required under Section 18(1) of the SARFAESI Act, 2002 , for entertaining the Appeal.

teamed Counsel for Petitioner/Appellant submitted that the Petitioner/Appellant filed S.A. No.396/2016 challenging the order passed by Learned Chief Metropolitan Magistrate, Esplanade, Mumbai, in case No.203/SA/2016 on 08.10.2016 along with challenge to the measures taken under Section 13(4), etc. The S.A. was dismissed on 28.02.2024, Therefore, this

1 Appeal is filed against the order of dismissal of S.A. along with I Waiver Application.

. It is further submitted that the Petitioner/Appellant is the tenant id the property. He has been residing in the property since

2005. Thus, he is neither a borrower nor a guarantor and he is .

not liable to pay any amount towards pre-deposit for entertaining the Appeal.

On the other hand, Learned Counsel for the Respondent Bank submitted that the propert

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