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#1 Can DRAT Completely Waive Pre-deposit?

Can DRAT Completely Waive Pre-deposit?

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Expert Answer
Q

Question:

Can DRAT completely waive pre-deposit?

A

Answer:

DRAT has power to lower the pre-deposit amount to the minimum amount provided under statute. However, ordinarily, it cannot waive the pre-deposit requirement in cases where the statute mandates pre-deposit before filing an appeal before DRAT.

There can be different considerations depending on whether the person filing the appeal is a borrower, guarantor, third party, auction purchaser or other person; and whether the appeal is from an interlocutory/ procedural order of DRT or final order.

By Advocate BK Singh Supreme Court | High Court | Tribunals