Supreme Court of India · 2016-04-22
AXIS BANK vs SBS ORGANICS PVT. LTD
- Citation / case number
- SC 2015/13728
- Court
- Supreme Court of India
- Petitioner
- AXIS BANK
- Respondent
- SBS ORGANICS PVT. LTD
- Author
- KURIAN
- Bench
- ROHINTON FALI NARIMAN KURIAN JOSEPH
Judgment text excerpt
The Supreme Court held that under Section 18 of the SARFAESI Act, a borrower must deposit fifty percent of the amount ordered by the DRT to entertain an appeal before the DRAT. The Court clarified that if the appeal is withdrawn after the DRT's order is set aside, the borrower is entitled to a refund of the deposit made, as the condition for withdrawal being subject to the appeal's outcome is not valid. The Court upheld the High Court's decision allowing the unconditional withdrawal of the deposit.