BANKEY LAL GUPTA Vs. BANK OF BARODA

JUDGEMENT

(1.) Heard Sri Arun Kumar Gupta, learned counsel for petitioner, learned counsel appearing for respondents and perused the record.

(2.) Writ petition is directed against the order dated 4.8.2011 passed by Debt Recovery Appellate Tribunal requiring the petitioner to deposit 60 per cent of decreed amount in order to maintain the appeal under Section 20 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as "1993 Act").

(3.) Learned counsel for petitioner submitted that due to great financial hardship, petitioner was not in position to deposit requisite amount but this aspect has not been considered by the Appellate Tribunal. He also submitted that he filed an affidavit along with the appeal and the Appellate Tribunal has misread observing that application for waiver was not supported by affidavit. He drew my attention to his affidavit which he ha- filed along with his memo of appeal.