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    <title>2010 (9) TMI 216 - HIGH COURT OF DELHI</title>
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    <description>A statutory right of appeal under the SARFAESI Act may be conditioned by a reasonable pre-deposit requirement, and the second proviso to section 18 was held not to be arbitrary or violative of Article 14 because it operates at the appellate stage and preserves limited discretion within a statutory minimum. The court also held that the Debts Recovery Appellate Tribunal cannot direct a deposit below the minimum fixed by the statute, as that would rewrite the provision. The challenge to validity failed, the 25% deposit requirement was upheld, and only the time for compliance was extended.</description>
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      <title>2010 (9) TMI 216 - HIGH COURT OF DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=113176</link>
      <description>A statutory right of appeal under the SARFAESI Act may be conditioned by a reasonable pre-deposit requirement, and the second proviso to section 18 was held not to be arbitrary or violative of Article 14 because it operates at the appellate stage and preserves limited discretion within a statutory minimum. The court also held that the Debts Recovery Appellate Tribunal cannot direct a deposit below the minimum fixed by the statute, as that would rewrite the provision. The challenge to validity failed, the 25% deposit requirement was upheld, and only the time for compliance was extended.</description>
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      <pubDate>Mon, 13 Sep 2010 00:00:00 +0530</pubDate>
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