MANOJ KUMAR PRUTHI Vs. MAGMA HOUSING FINANCE

JUDGEMENT

(1.) With the consent of the parties, the writ petition is heard finally.

(2.) The present petition is directed against an order dated 15th January, 2019, passed by the Debt Recovery Appellate Tribunal ("DRAT"), rejecting the Petitioner's application being I.A. No. 450/2018, seeking waiver of the predeposit in terms of Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 ("SARFAESI Act").

(3.) The background facts are that the Respondent demanded from the present Petitioner a sum of Rs. 84, 17, 558/- by way of a demand notice issued under Section 13 (2) of the SARFAESI Act. The DRAT has rejected the application on the ground that Section 18 (2) of the SARFAESI Act makes no distinction between an appeal filed against an interim order of the Debt Recovery Tribunal ("DRT") and a final order.