If pre-deposit as per Section 21 of Recovery of Debts & Bankruptcy Act, 1993 is not made, an appeal technically cannot be entertained and thus cannot be dismissed either – M/s Sai Enterprises and 2 Others Vs. Debts Recovery Appellate and Another – Allahabad High Court
The petitioner was granted time to make the pre-deposit, however, he has not deposited which led to the dismissal of the appeal. Subsequently, when the petitioner arranged the funds, he moved an application for deposit and sought recall of the order. The present petition has been filed by the petitioner challenging the order whereby the restoration application filed by the petitioner has been rejected on the ground of limitation
Hon’ble High Court held that what transpires from the plain reading of Section 21, the phrase “shall not be entertained” used therein and the law as explained by Supreme Court in Ananthesh Bhakta vs. Nayana S Bhakta (2017) ibclaw.in 218 SC, it is clear that the Tribunal is barred from adjudicating/deciding/applying its mind to the appeal and the petitioner/ appellant would not be entitled to any benefit which accrue in terms of the Act only on the ground of filing of appeal as the appeal technically has not even been entertained, if the deposit is not made.