Kerala High Court holds that “pre-deposit cannot exceed the very subject matter of the appeal” — Court clarifies that fixation of pre-deposit under SARFAESI must reflect judicial reasoning and cannot become an onerous barrier to appellate review

Kerala High Court holds that “pre-deposit cannot exceed the very subject matter of the appeal” — Court clarifies that fixation of pre-deposit under SARFAESI must reflect judicial reasoning and cannot become an onerous barrier to appellate review

Court’s decision The Kerala High Court set aside the pre-deposit condition imposed by the appellate authority under the SARFAESI Act, holding that the direction to deposit 40% of the debt…