POONAM MANSHANI Vs. J AND K BANK LTD

JUDGEMENT

(1.) Caveat No. 145/, 2909 Mr. Tanveer Ahmed Mir appears. The caveat stands discharged. WP (C) 13042/2009 1. With the consent of the counsel for the parties this matter is taken up for final hearing.

(2.) This writ petition is directed against the order dated 15.10.2009 passed by the Debts Recovery Appellate Tribunal (hereinafter referred to as 'DRAT') in Miscellaneous Application No. 441/2009 in Appeal No. 219/2009 arising out of S.A. 21/20/08, which was disposed of by the Debts Recovery Tribunal by an order dated 30.06.2009. The said Miscellaneous Application No. 441/2009, which was disposed of by the impugned order passed by the DRAT, was one for waiver of pre-deposit. Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the said Act'), which makes provision for an appeal to the Appellate Tribunal from any order made by the DRT, reads as under:-

(3.) In the present case, the DRAT made the following order:-