Decided on February 06,2003



K. S. Kumaran, J. (Chairperson) - (1.)THIS is an application under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act") for waiver of the deposit to be made in terms of this section.
(2.)Final order dated 7.1.2002 was passed by the learned Presiding Officer of Debts Recovery Tribunal, Delhi-I (hereinafter referred to as 'the DRT') ordering the appellants/defendants to pay a sum of Rs. 9,19,01,443/- to the respondent/plaintiff-Bank with costs, pendente lite and future 'interest at 18.36% per annum with quarterly rests.
The application of the appellants/defendants for recalling/reviewing the abovesaid order, and for granting them time to file written statement was also dismissed by the learned Presiding Officer of the DRT by his order dated 16.1.2002. Aggrieved by both the orders, the appellants/defendants have filed the appeal. They had also filed Miscellaneous Application 82/2002 under Section 21 of the Act for waiver of the deposit. The appellants/defendants among other pleas urged that the amount claimed by the respondent/plaintiff-Bank is not a debt within the meaning of Section 2(g) of the Act, and that there was also no Bank-customer relationship between the respondent plaintiff and the appellants/defendants. After considering the points raised by both the sides, that application was disposed of by this Tribunal by order dated 25.7.2002 directing the appellants/defendants to deposit 50% of the amount as determined by the DRT as due from, and payable by the appellants/defendants to the respondent Bank.

(3.)AGGRIEVED by the above said order, the appellants/defendants filed CWP 5742/2002 before the Hon'ble High Court of Delhi, and the Hon'ble High Court of Delhi found by the order dated 10.9.2002 that the appellants/defendants had not set up any worthwhile ground to warrant waiver of pre-deposit. The appellants/defendants, therefore, prayed for withdrawal of the CWP for seeking reconsideration of their plea for waiver of pre-deposit by this Tribunal on some new grounds. The Hon'ble High Court of Delhi was also pleased to dismiss the said CWP as withdrawn with liberty as prayed for by the appellants/defendants.

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