Debts Recovery Tribunals and Appellate Tribunals
Messrs Shree Super Market vs Hinduja Leyland Finance Ltd on 6 November 2026
BEFORE THE DEBTS RECOVERY
APPELLATE TRIBUNAL, AT: MUMBAI
Present: Justice Vivek Bharti Sharma, Chairperson M.A. No. 83/2026 (Refund of Money)
In
(Misc. Appeal Diary No. 1107/2025-Dismissed)
Between
M/s. Shree Supre Market & Ors.
… Appellant/s
V/s.
Hinduja Leyland Finance Ltd.
…Respondent/s
-: Order dated: 06/11/2026: -
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1. Present as under:
Mr. Kushal Sawant, i/b Mr. Puneet Gogad, Counsel for Applicants/Borrowers. Mr. Sanjay Anabhawane, i/b Ms. Medha Rane, Counsel for Respondent/Financial Institution.
2. The matter is taken up for hearing by way of praecipe filed by the Applicants/Borrowers for seeking urgent relief.
3. The Learned Counsel for the Applicants/Borrowers would submit that M.A. No. 83/2026 has been filed seeking a refund of the mandatory pre-deposit amount in terms of the Second Proviso to Section 18 of the SARFAESI Act.
4. The Learned Counsel for the Respondent/Financial Institution would submit that he has no instruction or information from the
Financial Institution as to whether any order of attachment in respect of the said mandatory pre-deposit amount has been passed by any competent Court or Tribunal.
5. The Learned Counsel for the Applicants/Borrowers would submit that Applicant Nos. 1, 2, 4, 5 and 6 have filed affidavits expressing their no objection to the refund of the mandatory pre- deposit amount in favour of Applicant No. 3.
6. In view of the above, M.A. No. 83/2026 is allowed. The Registry is directed to refund the mandatory pre-deposit amount along with accrued interest to Applicant No. 3 as prayed for in the application.
7. All pending, I.As if any, stand dismissed. Sd/- Chairperson 06.11.2026 Psa-03