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DRT Appeal Dismissed for Non-Deposit Restored by DRAT After Pre-Deposit Shown

Case Law Details

TaxGuru Citation
2026 taxguru.in 1984
Case Name
Madhya Pradesh Power Transmission Company Ltd. Vs. Punjab & Sind Bank & Ors. (DRAT Delhi)
Date of Judgement/Order
Only available for paid members
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Madhya Pradesh Power Transmission Company Ltd. Vs. Punjab & Sind Bank & Ors. (DRAT Delhi)

The appeal was decided by the Debt Recovery Appellate Tribunal, Delhi against an order dated 12.01.2018 passed by DRT-III, Delhi, which had dismissed the appellant’s appeal for non-compliance with the mandatory pre-deposit under Section 30 of the RDB Act. The dismissal related to an earlier Recovery Officer’s order dated 27.12.2016 in R.C. No. 255/2015.

Before the Appellate Tribunal, the appellant submitted that payments amounting to about Rs.11 lakhs and odd had already been made, including a sum of Rs.3,71,03,569 deposited in the present appeal. The respondent bank did not object to the pre-deposit and acknowledged that the amount was on record. Without examining the merits, the Tribunal remanded the matter to the DRT with a direction to consider whether the deposited amount satisfied the requirement of Section 30 of the RDB Act. As jurisdiction had shifted, the matter was directed to be dealt with by DRT-I, Delhi, with parties directed to appear on 10.02.2026.

FULL TEXT OF THE ORDER OF DRAT DELHI

Heard Ld. counsel for the parties and perused the record. The instant appeal is preferred against order dated 12.01.2018 passed by Ld. DRT-III, Delhi, whereby the appeal filed by the appellant against an order dated 27.12.2016 of the Recovery Officer in R.C. No.255/2015 was dismissed for want of pre-deposit as required under Section 30 of the RDB Act.

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CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
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