Mandatory SARFAESI pre-deposit and disputed factual claims bar writ interference with DRAT proceedings.

Compliance with the statutory pre-deposit requirement under Section 18 of the SARFAESI Act is mandatory for maintaining an appeal before the DRAT unless waiver is sought and granted. A writ court will not ordinarily interfere where the challenge turns on disputed questions of fact, including the validity of the mortgage, the mortgagor's capacity, the extent of secured property, and service of SARFAESI notices, as those matters require evidence before the DRT or DRAT. On the facts presented, the secured creditor's charge over the mortgaged property was evident, no waiver application was filed, and no explanation was offered for non-compliance, so the writ challenge to the DRAT's refusal failed.

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Issues: Whether the writ petition challenging the DRT and DRAT orders was maintainable despite the petitioner's failure to comply with the pre-deposit requirement under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Analysis: The petitioner's challenge rested on disputed factual assertions concerning the mortgage, the alleged mental incapacity of the mortgagor, the extent of the secured property, and the alleged absence of service of SARFAESI notices. These matters required adjudication on evidence before the DRT or DRAT and were not fit for interference in writ jurisdiction. The petitioner was claiming rights in property already subjected to mortgage, and the secured creditor's charge over the mortgaged property was evident. The DRAT's refusal to entertain the appeal for want of pre-deposit was consistent with the mandatory character of the appellate pre-deposit requirement, particularly since no waiver application had been filed and no explanation was offered for non-compliance.

Conclusion: The writ petition was not maintainable on the facts presented, and the challenge to the DRAT order failed.

Ratio Decidendi: Compliance with the statutory pre-deposit requirement under Section 18 of the SARFAESI Act is mandatory for maintaining an appeal before the DRAT unless waiver is sought and granted, and disputed questions of fact under SARFAESI are not ordinarily adjudicated in writ proceedings.

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