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Supreme Court of India

KUMAR ALUMINIUM LTD vs ASSET RECONSTRUCTION COMPANY INDIA LTD on 23 August, 2016

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C.A. No.-008258-008258 - 2016Official PDFBench Kurian Joseph, Rohinton Fali NarimanAdvocates ASHISH RANA
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8258 OF 2016
(Arising out of SLP(C) No.34859 of 2014)
KUMAR ALUMINIUM LTDAPPELLANT
VERSUS
ASSET RECONSTRUCTION COMPANY
INDIA LTD AND ANRRESPONDENTS
J U D G M E N T

Leave granted.

The appellant is aggrieved by the impugned judgment

dated 19.8.2014 passed by the High Court of Delhi in Writ

Petition (Civil) No.3896 of 2013.

As per the impugned judgment, the High Court declined to interfere with the order passed by the Debt Recovery Appellate Tribunal, Delhi (for short, the

'DRAT'). The DRAT had turned down the prayer of the

appellant for refund of the amount deposited in

compliance of the requirement of the second proviso to

section 18(1) of the Securitization and Reconstruction of

Financial Assets and Enforcement of Security Interest

Act, 2002, for maintaining an appeal.

This Court has considered a similar issue in the

case of Axis Bank vs. SBS Organics Private Limited &

Anr., in Civil Appeal No.4379 of 2016 and held as under :

“22. The Appeal under section 18 of the Act is

permissible only against the order passed by the

DRT under section 17 of the Act. Under section

17, the scope of enquiry is limited to the steps

taken under section 13(4) against the secured

assets. The partial deposit before the DRAT as a

pre-condition for considering the appeal on

merits in terms of section 18 of the Act, is not

a secured asset. It is not a secured debt either,

since the borrower or the aggrieved person has

not created any security interest on such

pre-deposit in favour of the secured creditor. If

that be so, on disposal of the appeal, either on

merits or on withdrawal, or on being rendered

infructuous, in case, the appellant makes a

prayer for refund of the pre-deposit, the same

has to be allowed and the pre-deposit has to be

returned to the appellant, unless the Appellate

Tribunal, on the request of the secured creditor

but with the consent of the depositors, had

already appropriated the pre-deposit towards the

liability

had adjusted of thethe amountborrower,towardsor withthe thedues,consent,or if

there be any attachment on the pre-deposit in any

proceedings under section 13(10) of the Act read

with Rule 11 of the Security Interest

(Enforcement) Rules, 2002, or if there be any

attachment in any other proceedings known to

law.”

Accordingly, we dispose of this appeal, set aside

the impugned judgment of the High Court as well as the

order of the DRAT impugned before the High Court and

remit the matter to DRAT for consideration afresh.

Liberty is given to all parties to raise all

contentions available to them before the DRAT which may

pass fresh orders in accordance with law.

The parties before this Court shall appear before

the Debt Recovery Appellate Tribunal, Delhi,

on 3.10.2016.

AUGUST 23, 2016.