Appellant bank withdrew enforcement notice. Appeal sought to set aside DRT orders imposing costs for non-compliance due to clerical filing error. Court allowed appeal in interest of justice.
Set aside orders dated 12.07.2022 and 06.08.2022 imposing cost.
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.
DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Appeal No.210/2022 Arising out of S.A.No.219/2022(DRT-III, Delhi)
IDFC First Bank Ltd. Vs Anil Kumar & Anr.
14.12.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Vikas Jadon, Ld. counsel for appellant
This matter has been taken up by me through Video Conferencing.
Learned counsel for the appellant states that the appellant bank is going to withdraw the notice 23.02.2022 issued under Section 13(2) of the SARFAESI Act, as the account in question stands regularized.
Learned counsel for the appellant states that the present appeal is against the order dated 12.07.2022 passed by the learned DRT imposing a cost of Rs.25,000/- on the appellant for non-compliance of direction given to it regarding furnishing of status of borrower’s account. Learned counsel for the appellant also points out to another order dated 06.08.2022 and states that vide the said order, the learned DRT has confirmed the order dated 12.07.202, while disposing of the application moved by the appellant for waiver of the cost imposed. Learned counsel states that the reason for non-compliance was that the clerk of the advocate had wrongly filed the relevant documents in DRT-II, Delhi instead of DRT-III, Delhi. He, therefore, prays that the orders dated 12.07.2022 and 06.08.2022 in respect of the cost may be set aside.
Heard. For the reasons stated above, the appeal is allowed and the orders dated 12.07.2022 and 06.08.2022 are set aside in the interest of justice so far as they relate to the imposition of cost.
Appeal stands disposed of.
File be consigned to record.
(CHAIRPERSON)
-pk
IDFC First Bank Ltd.
Anil Kumar
Brijesh Sethi
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
