Axis Bank v. Pratima Mohley
Case brief
What is this about?
During the listing of an appeal filed under section 18 of the SARFAESI Act by Axis Bank against a DRT order, the court addressed defects regarding the need for a condonation application and illegible pages. All defects were removed, and the case was listed for admission.
What did the court decide?
Defects regarding delay application and unreadable pages were removed; case listed for admission.
What the court decided
Appeal Dy. No. 719/2022
(Axis Bank Vs. Pratima Mohley)
Date: 20.10.2022
Shree Sanjay Kumar Gupta, Ld. Counsel for the appellant-Bank is present. Proper court fee paid with the appeal. In regard to defect No. 1 that Delay Condonation application is required. Ld. Counsel states that the same is not required as the free copy of impugned order 06.08.2022 was supplied to him on 22.08.2022 and the appeal was filed online on 20.09.2022 (Physically filed on 22.09.2022).
In view of above defect reconciled.
In regard to defect 2 regarding pages pointed out by registry as not readable. Ld. Counsel undertakes that he will file legible/typed copy of these pages if desired by the Court.
All defects removed.
The instant Appeal has been filed by Bank under section 18 of the SARFAESI Act against final order dated 06.08.2022 of DRT, Allahabad in S.A. No. 370/2022.
List this case before Hon’ble Chairperson on 04.11.2022 for admission.
Registrar
Issues for consideration
3 issues framed by the court
whether the delay in filing the appeal under section 18 of the SARFAESI Act required condonation
whether certain unreadable pages in the appeal petition caused a fatal defect
whether the appeal under section 18 of the SARFAESI Act was admissible
Parties & counsel
- appellant
Axis Bank
- respondent
Pratima Mohley
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · October
- CNR
- 091090007192022
- Topic
- Banking and Recovery
All orders in this case
8 orders share this CNR
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