Bank of India v. M/s. B.N Parida
Case brief
What is this about?
The Debts Recovery Appellate Tribunal at Kolkata received an application under Section 18(1) of the SARFAESI Act filed by the Bank of India against an order of the Presiding Officer, DRTCuttack. The Tribunal noted procedural defects, including the absence of the Section 13(2) notice copy and fee particulars, and issued summons.
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
DY. no.294/2021 Date: 12/04/2022
The A.O. Cum Asst. General Manager,
Bank Of India & Anr ...………...Appellants
Vs.
B.N. Parida & Company & Ors ...... .……….Respondents
Received an application under section 18 (1)of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002,presented by Ld. Advocate, Mr. Ashok Kumar Singh.
Scrutiny of the application observed the followings:
The application has been filed on behalf of The A.O. Cum Asst. General Manager,
Bank Of India & Anr against the order passed by the Ld. Presiding Officer, DRTCuttack, order dated 09-02-2021 arising out of SA/84/2017. Application fees of Rs.50005/vide Transaction ref.id 3003210009025 dt. 30-03-2021 of Rs.250/- and T.R. No. 115314 dt.01-11-2021 of Rs.49755/- has been paid along with the application.
The case is under the jurisdiction of this Appellate Tribunal.
Issues for consideration
1 issue framed by the court
Whether the application under Section 18(1) of the SARFAESI Act complied with procedural requirements regarding the filing of the notice and fee details.
Parties & counsel
- appellant
The A.O. Cum Asst. General Manager, Bank Of India & Anr
- respondent
B.N. Parida & Company & Ors
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 191090002942021
- Topic
- Banking and Recovery
All orders in this case
8 orders share this CNR
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