Ashok Thakker and Ors. v. Dcb Bank Limited
Case brief
What is this about?
The Appellate Tribunal received an appeal under Section 18 of the SARFAESI Act, 2002, against an order of DRT-III. The tribunal identified procedural defects including missing date lists, unsigned annexures, and non-deposit of required pre-deposit, directing the appellant to rectify them within 15 days.
What did the court decide?
Appellant directed to remove defects including missing list of events, unsigned annexures, and non-payment of pre-deposit within 15 days.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Diary no.178/2019; Date : 10/05/2022
Ashok Thakker & ors. … … … ...Appellant
Vs.
DCB Bank Ltd. & anr . … … ….Respondents
Received an application under section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 presented by Ld. Advocate, Mr. Arup Paul.
Scrutiny of the application reveals the followings:
The application has been filed on behalf of Ashok Thakker & ors. against the order dt.21.06.2019 in SA/349/2018 passed by the Ld. Presiding Officer, DRT-III, Kolkata. Application fees of Rs.43,005/- vide T.R. no.113631 dt. 22.07.2019 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate, Mr. Arup Paul.
The case is under the jurisdiction of this Appellate Tribunal.
The Application is filed well within the period of Limitation. Petition for waiver of pre-deposit is filed along with this application.
Issues for consideration
1 issue framed by the court
What defects exist in the application filed under Section 18 of the SARFAESI Act, 2002?
Parties & counsel
- appellant
Ashok Thakker & ors.
- respondent
DCB Bank Ltd.
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · May
- CNR
- 191090001782019
- Topic
- Banking and Recovery
All orders in this case
3 orders share this CNR
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