https://www.taxtmi.com/caselaws?id=770201 For fixing pre-deposit under the second and third provisos to Section 18(1) of the SARFAESI Act, the Appellate Tribunal must consider the secured creditor's claimed debt in light of the borrower's Section 13(3A) reply, the creditor's rejoinder, and the mortgage terms where they indicate the extent of liability. A mortgagor falls within the wider borrower concept under the SARFAESI framework, and documents showing a distinct, lesser, or no liability are relevant to the amount due. The pre-deposit determination was therefore required to be revisited, and the matter was remitted for fresh decision. en-us Fri, 04 Apr 2025 00:00:00 +0530 Thu, 08 May 2025 09:13:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=770201 For fixing pre-deposit under the second and third provisos to Section 18(1) of the SARFAESI Act, the Appellate Tribunal must consider the secured creditor's claimed debt in light of the borrower's Section 13(3A) reply, the creditor's rejoinder, and the mortgage terms where they indicate the extent of liability. A mortgagor falls within the wider borrower concept under the SARFAESI framework, and documents showing a distinct, lesser, or no liability are relevant to the amount due. The pre-deposit determination was therefore required to be revisited, and the matter was remitted for fresh decision. Case-Laws Indian Laws Fri, 04 Apr 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=770201