Answer: An appeal can be filed in the Debts Recovery Appellate Tribunal against orders of the Debts Recovery Tribunal. Section 18(1) of Sarfaesi Act, 2002

Answer: An appeal can be filed to Debts Recovery Appellate Tribunals against an interim or interlocutory order of Debts Recovery Tribunals and also against the final order of the Debts Recovery Tribunal.

Answer: The prescribed period for filling an appeal to the Debts Recovery Appellate Tribunals is thirty days from the date of receipt of the order of filling an appeal to the Debts Recovery Tribunals. For practical purposes, the period of thirty days is calculated from the date of the order excluding the period taken in obtaining the certified copy of the order.

Answer: The Debts Recovery Appellate Tribunal has the power to condone the delay in filing the appeal against order passed by Debts Recovery Tribunals in appropriate cases where sufficient cause has been shown for condonation of delay in filing the appeal and thus, Debts Recovery Appellate Tribunal can admit an appeal filed after the limitation period of thirty days.

Answer: The borrower has to make pre-deposit of fifty per cent of the amount of debts due from him, as claimed by the secured creditor or determined by the Debts Recovery Tribunal, whichever is less. However, the Debts Recovery Appellate Tribunal has the power to reduce the amount of the pre-deposit to not less than twenty five per cent of the debt.

Answer: In the case of Narayan Chandra Ghosh Versus UCO Bank reported in (2011)4 Supreme Court Cases Page 548, Supreme Court held that, the condition of pre-deposit is mandatory and thus a complete waiver of pre-deposit was beyond the power of Debts Recovery Appellate Tribunal. At best, the Appellate Tribunal could have, after recording the reasons, reduced the amount of deposit of fifty per cent to an amount not less than twenty five per cent of the debt.

Answer: Supreme Court of India in the case of Sidha Neelkant Paper Industries Pvt. Ltd. Versus Prudent ARC Limited reported in AIR 2023 Supreme Court Page 368 has held that borrower/ mortgagor has to deposit 50% of the amount of debt due, as claimed by the bank/ financial institution/ assignee along with interest, as claimed in the notice under Section 13(2) of the Sarfaesi Act, 2002.

Answer: In the case of Sidha Neelkant Paper Industries Pvt. Ltd. Versus Prudent ARC Limited reported in AIR 2023 Supreme Court Page 368, Supreme Court of India has held that the amount received from the purchaser, cannot be adjusted towards pre-deposit. However, the borrower can take the benefit of sale proceeds only if he unequivocally accept the sale.

Answer: A person who is not a borrower, does not have to make any pre-deposit for filing an appeal to the Debts Recovery Appellate Tribunals

Answer : The Debts Recovery Appellate Tribunal should follow the procedure laid down in Sarfaesi Act, 2002 and the Security Interest(Enforcement) Rules 2002 for disposal of appeals under Section 18 of the Sarfaesi Act, 2002. However, if any procedure has not been laid down in Sarfaesi Act, 2002 and the Rules thereunder, Debts Recovery Appellate Tribunal shall follow the provisions of Recovery of Debts and Bankruptcy Act 1993 and the Rules made thereunder. Section 18(2) of Sarfaesi Act, 2002

Answer : If an appeal to the Debts Recovery Appellate Tribunals under Section 18 of Sarfaesi Act, 2002 or an appeal to High Court under Section 18B of Sarfaesi Act, 2002, are expected to be filed by the other side , a caveat can be lodged to prevent ex parte interim order. Section 18C of Sarfaesi Act, 2002.