Neutral Citation No. - 2025:AHC-LKO:48463 Court No. - 6 Case :- WRIT - C No. - 7928 of 2025 Petitioner :- M/S R.K. Par Boilling Pvt. Ltd. Thru. Its Director Rohit Kumar Respondent :- Chief Manager Senior Manager Manager Allahabad Bank India Branch Mahraich (A.C.) And 4 Others Counsel for Petitioner :- Dharm Raj Mishra Counsel for Respondent :- Vinay Shankar Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner as well as Shri Vinay Shankar, learned counsel for the respondent-Bank and perused the material brought on record. 2. The present petition has been filed by the petitioner challenging an order dated 08.02.2023, whereby the appellate tribunal directed the petitioner, the appellant before the Debt Recovery Tribunal to deposit an amount of 25% in terms of the IIIrd proviso to Section 18(3) Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, with the stipulation that after the said deposit is made, the D.R.T. would consider, the application for waiver of the other part of the deposit in terms of the mandate of the IIIrd proviso to Section 18(3) of 'SARFAESI' Act. 3. The contention of learned counsel for the petitioner is that, the petitioner felt unwell after the order was passed and, subsequently, could not even deposit the 25% amount, which led to dismissal of the appeal on 10.04.2023 for want of pre- deposit. 4. It is admitted in between the parties that the property of the appellant has already been sold out and the same proceedings are with the banned and the account has also been closed. Counsel for the petitioner pleads that the petitioner as a primafacie case in the appeal preferred before the D.R.T. and, doesn't have the finances to deposit the entire 50% amount and, thus, the petitioner deserves waiver of the amount of the pre- deposit. 5. Considering the said submissions and the mandate of Section 18(3) of the 'SARFAESI' Act, the waiver of pre-deposit can be granted upto the extent of 25% only and a no case, the appeal can be entertained if it is not accompanied by at least 25% deposit. 6. Considering the financial hardship pleaded by the petitioner and the fact that the Bank has already received the consideration after selling the properties, in the interest of justice, the order dated 08.02.2023 and the consequent order dated 10.04.2023, are set-aside/quashed with a direction that in case, the petitioner deposits 25% of the amount within a period of six weeks from today, the appeal shall be heard and disposed of on merits, in accordance with law. 7. The petition stands disposed of with the aforesaid observations. Order Date :- 19.8.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench