Kirti Chandra Parija v. Canara Bank
Case brief
What is this about?
The Tribunal noted that the appeal under section 20 of the RDBB Act, 1993 was filed outside the limitation period and required a petition for condonation. The application contained defects, including the absence of a list of dates and events, and was set aside for removal within 15 days.
What the court decided
A compact analysis
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Diary no.388/2020; Date : 02/05/2022
Kirti Chandra Parija.………...Appellant
Vs.
Canara Bank.……….Respondents
Received an application under section 20 of Recovery of Debts due to Banks and Bankruptcy Act, 1993 presented by Ld. Advocate, Mr. Alekh Chandra Mohanty.
Scrutiny of the application reveals the followings:
The application has been filed on behalf of Kirti Chandra Parija against the order dt.27.04.1993 in Money Suit no.10/1986 passed by the 1st Addl. Sub Judge Cuttack. Application fees of Rs.30,510/- vide T.R. no.114677 dt. 28.09.2020 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate, Mr. Alekh Chandra Mohanty.
The Application is not filed well within the period of Limitation but petition for condonation of delay is filed along with this application. Another application is filed for waiver of pre-deposit.
The following defects are noted from the Application:
Issues for consideration
3 issues framed by the court
Whether to allow the application under section 20 RDBB Act, 1993 subject to removal of defects.
Whether the application suffers from fatal defects like omission of list of dates and events.
Whether to condone the limitation bar or waive pre-deposit under section 20 RDBB Act, 1993.
Parties & counsel
- appellant
Kirti Chandra Parija
- respondent
Canara Bank
Case details
As recorded by the court registry
All orders in this case
3 orders share this CNR
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