VidhiSangh

Supreme Court of India · 16/02/2021

KOTAK MAHINDRA BANK PVT. LIMITED versus AMBUJ A. KASLIWAL & ORS.

[2021] 3 S.C.R. 1001 · 2021 INSC 90

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Summary

The Supreme Court held that the statutory pre-deposit for a debtor’s DRAT appeal could not be waived entirely. Section 21 permitted reduction from fifty per cent to no less than twenty-five per cent of the debt due, for recorded reasons. Earlier recoveries had been credited, yet a balance remained for pre-deposit purposes. On these facts the Court allowed the guarantors to deposit twenty-five per cent of Rs 68,18,92,841 within eight weeks, leaving the actual debt and appeal merits open. The connected contempt petition was closed.

Issues

  1. Whether the High Court could waive the DRAT appeal pre-deposit entirely and what deposit was appropriate on these facts.

Provisions considered

Held

Result

Appeal partly allowed; High Court waiver set aside and DRAT order modified to require twenty-five per cent of Rs 68,18,92,841 within eight weeks. Actual debt and merits left open; contempt petition closed. No costs.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 1001.