writ petition No. 12559 of 2023

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appeal No. 19 of 2022)
     (Arising out of T.S.A. No. 440 of 2017 in DRT -II Hyderabad)
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
30.03.2023
M/s Techtrans Construction India
Pvt. Ltd. and ors
… Appellant
                  -Vs-
State Bank of India
Mr. N. Srinivas, Learned Counsel
for the Appellant
Ms. Rakhi Purnima Paul, Learned
Counsel for the Respondent.
THE APPELLATE TRIBUNAL :  
  
Learned Counsel for the Appellant submits that the 
Appellants have filed a writ petition No. 12559 of 2023 
before Hon’ble High Court of Telangana challenging the vires 
on Section 18 of the SARFAESI Act along with a prayer to 
set aside the order passed by this Tribunal on 09.01.2023.  
Learned Counsel conceded that the Writ Petition has not 
been admitted.  No interim order is passed by the Hon’ble 
High Court.  
In such circumstances since there is no stay order 
passed by the Hon’ble High Court further even the Writ 
Petition is not admitted and the Appellant has not complied 
the order dated 09.01.2023 for making a pre deposit of 
50%, hence, the Appeal is liable to be dismissed for want of 
making pre deposit.  Accordingly, Appeal is dismissed for 

2
want of making pre-deposit in compliance of the order dated 
09.01.2023.
Pending I.A.s if any, are disposed of accordingly.  
Interim order, if any,  stands vacated.
Copy of the order be supplied to the Appellant and the 
Respondent and the copy be also forwarded to the 
concerned DRT.
File be consigned to Record Room.
Order dictated, signed, dated and pronounced in open Court  
today.
                                                
            
        (Anil Kumar Srivastava,J)
                   Chairperson 
Dated 30th     March, 2023
5/tp