13 December 2021

Search Results for Tag : Pre-deposit


Appeal or revision cannot be dismissed solely on ground of failure to pre deposit maintenance amount(14.05.2019)

Petitioner impugns order whereby the Appellate Court has dismissed the appeal of the Petitioner on the ground that, Petitioner has failed to deposit t.....

Tags : Maintenance, Pre-deposit, Arrears


Application for waiver of pre-deposit is to be entertained as Petitioners were neither borrowers nor mortgagers or guarantors in respect of loan facility availed by principal borrower(11.10.2019)

The present petition is directed against an order passed by the Debt Recovery Appellate Tribunal ('DRAT'), rejecting the Petitioner's application seek.....

Tags : Pre-deposit, Direction, Legality


Tribunal has discretion to grant waiver from pre-deposit by recording reasons which are not necessarily be detailed and exhaustive(07.11.2019)

The present writ petition filed by the Central Board of Trustees EPFO assails the order passed by the Employees’ Provident Fund Appellate Tribunal. Un.....

Tags : Pre-deposit, Waiver, Grant


DRAT cannot entertain appeal under Section 18 of SARFAESI Act without insisting on pre- deposit(02.03.2020)

The basic facts are that the Respondent No. 1 stood guarantee and mortgaged its property for repayment of loan availed by Respondent Nos. 4 and 5. The.....

Tags : Pre-deposit, Requirement, Entertainment, Appeal


Pre-deposit clauses to invoke arbitration struck down by Supreme Court as it makes arbitral process ineffective and expensive(11.03.2019)

In present case, the Respondent issued notice inviting tender for extension and augmentation of water supply, sewerage scheme, pumping station and sew.....

Tags : Arbitral process, Pre-deposit, Clause


Mandatory pre-deposit is required to be deposited before Tribunal within 30 days for further benefits(26.05.2020)

Challenge in present appeal is to the order passed by learned Single Judge disposing off the petition granting 30 day's time to the appellant/petition.....

Tags : Pre-deposit, Direction, Legality


Entire waiver of pre-deposit for filing appeal before DRAT under Section 21 of the Recovery of Debts and Bankruptcy Act, 1993 is impermissible(16.02.2021)

The Appellant is before present Court assailing the order whereby the High Court has permitted Respondents No. 1 and 2 to prosecute the appeal before .....

Tags : Pre-deposit, Waiver, Legality


Court has no discretion to vary the amount required to be deposited before entertaining the application under Section 34 of Arbitration Act(02.09.2021)

In facts of the present case, the parties were engaged in commercial business transactions relating to purchase of readymade denims and shirts by the .....

Tags : Pre-deposit, Direction, Legality


Requirement of deposit of 75% of the awarded amount as a pre- deposit is mandatory(08.10.2021)

Present appeal is against the impugned judgment and order passed by the High Court, by which the High Court confirmed the order passed by the learned .....

Tags : Pre-deposit, Condition, Legality


National Commission can direct deposit of entire or more than 50% of amount determined by State Commission for stay(07.12.2021)

The original Appellant – builder has preferred the present Appeal against impugned order passed by the National Consumer Disputes Redressal Commission.....

Tags : Pre-deposit, Condition, Jurisdiction



SC: Condition of Pre-deposit of Fine Cannot be Imposed to Hear Revision Petition Filed by Convict(09.08.2021)

Supreme Court has observed that deposit of fine amount cannot be made a condition precedent for hearing revision petition under Section 397 of the Cri.....

Tags : Supreme Court, Condition of Pre-deposit of Fine


Madras High Court: Inability to Pay Pre-Deposit No Ground to Invoke Writ Jurisdiction(31.01.2018)

Madras High Court has held that inability to pay pre-deposit of 7.5% before the Commissioner (Appeals) cannot be a fit ground for invoking writ jurisd.....

Tags : Madras High Court, Pre-Deposit


ARBITRATION - Pre-Deposit Clauses to Invoke Arbitration Makes Arbitral Process Ineffective: SC(12.03.2019)

Supreme Court has observed that pre-deposit clauses to invoke arbitration would render the arbitral process ineffective and expensive, and also struck.....

Tags : Supreme Court, Arbitration, Pre-Deposit Clauses


P&H HC Repels Challenge Against Pre-Deposit Condition for Appeal Under Section 43(5) Of RERA(19.10.2020)

Punjab and Haryana High Court has repelled the challenge against the constitutionality of the condition for pre-deposit prescribed under Section 43(5).....

Tags : Punjab and Haryana High Court, Pre-Deposit Condition for Appeal


SC: Entire Waiver of Pre-Deposit for Filing Before DRAT is Impermissible(17.02.2021)

Supreme Court observed that entire waiver of pre-deposit for filing appeal before Debt Recovery Appellate Tribunal under Section 21 of the Recovery of.....

Tags : Supreme Court, Waiver of Pre-Deposit