The NCLAT heard an urgent listing application to remove procedural defects in an appeal filed by Bank of Baroda under the SARFAESI Act against a DRT order. Defects were noted as removed or pending. The matter was listed for admission on 12.10.2022.
Counsel undertook to file legible copies; appeal listed for admission on 12.10.2022.
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.
Appeal Dy. No. 457/2021
(Bank of Baroda Vs. M/s Kashyap Motors India Pvt. Ltd. and Ors.)
Date: 29.09.2022
This case was listed for 20.10.2022 for removal of defects.
Shri Maneesh Mehrotra, Ld. Counsel file an Urgency Application on 28.09.2022.
The case is taken up today.
BH of Shri Maneesh Mehrotra, Ld. Counsel for the appellant is present and submitted one copy of appeal. Defect No. 5 removed.
Ld. Counsel has served copy of appeal to the caveator and submitted proof of service. Ld. Counsel also corrected double page numbering. Defect No. 1 and 3 is removed.
In regard to defect No. 2 that the certified copy of impugned order is not provided, Ld. Counsel has filed an Exemption Application (I.A. No. 430/2022)
As regards defect No. 4 regarding a number of pages as pointed out by the registry are illegible, Ld. Counsel undertakes that he will submit more legible/typed copy of these pages.
The instant Appeal has been filed by Bank under section 18 of the SARFAESI Act against final order dated 09.12.2022 of DRT, Lucknow in S.A. No. 292/2020. Urgency Application (I.A. No. 431/2022) and Exemption Application (I.A. No. 430/2022) have been filed.
List this case before Hon’ble Chairperson on 12.10.2022 for admission.
Registrar
1 issue framed by the court
Whether to allow removal of defects and list the appeal for admission.
1 provisions across 1 enactments
Bank of Baroda
M/s Kashyap Motors India Pvt. Ltd. and Ors.
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
