Mr Kamal Kumar Saha v. Idbi Bank
Case brief
What is this about?
The Debt Recovery Appellate Tribunal noted several defects in an appeal under Section 18 of the SARFAESI Act, including missing annexures and non-compliance with fee rules, and directed the appellant to rectify them within 15 days. The matter was later listed adjourned after the appellant failed to appear.
What did the court decide?
The applicant was directed to remove defects within 15 days; otherwise, the application shall be rejected.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Diary no.374/2020 Date: 22 /03/2022
Mr. Kamal Kumar Saha………...Appellant
Vs.
IDBI Bank Ltd. & ors ……….Respondents
Received an application under section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 presented by Ld. Advocate, Mr. Bikash Shaw .
Scrutiny of the application reveals the followings:
The application has been filed on behalf of Mr. Kamal Kumar Saha against the order dt.19.08.2019 in SA/179/2015 passed by the Ld. Presiding Officer, DRT -3, Kolkata. Application fees of Rs.205/- vide T.R. no.114716 dt. 14.10.2020 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate, Mr. Bikash Shaw .
The case is under the jurisdiction of this Appellate Tribunal.
The Application is not within the period of Limitation but accompanied with a petition for condonation of delay.
The following defects are noted from the Application:
Issues for consideration
2 issues framed by the court
Whether to accept or reject an appeal filed with multiple procedural defects and out of limitation period.
Whether to allow the appellant time to remove defects in the appeal application.
Parties & counsel
- appellant
Kamal Kumar Saha
- respondent
IDBI Bank Ltd.
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · March
- CNR
- 191090003742020
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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