Asrec v. UShodaya Energy And Projects Consultants Pvt. Ltd.
Case brief
What is this about?
Registrar noted defects in the application for appeal under section 18 of the SARFAESI Act, 2002, including delayed filing, missing documents, and court fee deficit, granting 15 days to cure defects.
What the court decided
A compact analysis
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary no.162/2020 ; Dt.:11/04/2022
ASREC (INDIA) Ltd. …...Appellant
Vs.
M/s. Ushodaya Energy & Projects consultants Pvt. Ltd. and ors……….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. Debashis Karmakar.
Scrutiny of the application reveals the followings:
The application has been filed on behalf of ASREC (INDIA) Ltd. against the order dt. 20.12.2019 in SA/221/2017 passed by the Ld. Presiding Officer, DRT-2, Hyderabad. Application fees of Rs.30005/- vide T.R. no.114505 dt. 14.02.2020 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate, Mr. Debashis Karmakar.
The case is under the jurisdiction of this Appellate Tribunal.
The Application is not filed well within the period of Limitation but it is accompanied with a petition for condonation of delay in filing.
Issues for consideration
2 issues framed by the court
Whether the application under section 18 of the SARFAESI Act, 2002 was filed within the period of limitation and was permissible subject to condonation of delay.
What defects were noted in the application filed by the appellant.
Parties & counsel
- appellant
ASREC (INDIA) Ltd.
- respondent
M/s. Ushodaya Energy & Projects consultants Pvt. Ltd. and ors.
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 191090001622020
- Topic
- Banking and Recovery
All orders in this case
11 orders share this CNR
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