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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Basant Balaji, J
K P Sayed Mohammed – Appellant
Versus
The Registrar Debts Recovery Tribunal -I – Respondent
| Table of Content |
|---|
| 1. petitioner appeals for waiver of pre-deposit. (Para 1) |
| 2. court considers the validity of appeals. (Para 2) |
| 3. direction for timely review of waiver application. (Para 3) |
JUDGMENT
(Dated this the 22nd day of January, 2026)
The limited request of the petitioner is that the petitioner has filed an appeal before the Debts Recovery Appellate Tribunal challenging the order dated 15.05.2025 passed by the Debts Recovery Tribunal in I.A. No.1721/2025 in S.A. No.723/2024. Along with the appeal, an application has been filed seeking waiver of the condition of pre-deposit from 50% to 25%, as well as an application for stay. The grievance of the petitioner is that the DRAT has not considered the application for waiver, and therefore, a direction is sought to consider the same.
2. Heard the learned counsel for the petitioner as well as the respondents.
3. Taking note of the fact that the application was filed on 26.05.2025 and the petitioner shall not be made any deposit of 25% of the debt amount till date, it cannot be said that the DRAT has not passed any orders because of the non deposition of the amount. However, the DRAT has not taken the waiver application into consideration
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