https://www.taxtmi.com/caselaws?id=766727 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. en-us Mon, 02 Dec 2024 00:00:00 +0530 Tue, 04 Mar 2025 07:12:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=766727 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. Case-Laws Indian Laws Mon, 02 Dec 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=766727