Ghanta Siva Prasad v. Indian Overseas Bank and Ors.
Case brief
What is this about?
In the absence of a waiver application under Section 18 of the SARFAESI Act 2002 and the requisite pre-deposit, the Debt Recovery Appellate Tribunal held the appeal filed by the appellant to be not maintainable and dismissed it.
What did the court decide?
The appeal (Diary No. 99 of 2019) was dismissed as not maintainable for non-compliance with Section 18 of the SARFAESI Act 2002.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary No. 99 of 2019
(Arising out of O.A. 261 of 2017 in DRT, Visakhapatnam)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
22.11.2022 Ghanta Siva Prasad … Appellant -VsIndian Overseas Bank & Another … Respondents
None for Appellant
Ms. Sangitha Ghosh with Ms. Aditi Roy, Learned Counsel for Respondent
THE APPELLATE TRIBUNAL :
The matter is taken up in the second round.
None appears to represent the Appellant while Learned Counsel for Respondent Bank is present.
It appears that Appellant has neither preferred any waiver application, under Section 18 of the SARFAESI Act 2002, nor has made the requisite pre deposit.
Issues for consideration
2 issues framed by the court
Whether an appeal is maintainable in the absence of a waiver application under Section 18 of the SARFAESI Act and a requisite pre-deposit.
Whether the Debt Recovery Appellate Tribunal can admit an appeal without compliance of Section 18 of the SARFAESI Act 2002.
Parties & counsel
- appellant
Ghanta Siva Prasad
- respondent
Indian Overseas Bank
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
3 orders share this CNR
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