Answer:
Yes. Pre-deposit is required in almost all cases before DRAT. In case of RDB Act appeals, where the person against whom decree has been passed by DRT has a debt due from him, Section 21 mandates deposit of at least 50% of the debt determined by DRT. DRAT has power to reduce the amount of pre-deposit to not less than 25% for reasons to be recorded in writing.
Similarly, for SARFAESI appeals by a borrower, Section 18 requires pre-deposit of 50% of the amount of debt claimed or determined by DRT, whichever is less. The DRAT has powers to reduce the amount of pre-deposit to not less than 25%.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
