Mr Kurmala Satyanarayana v. Andhra Bank
Case brief
What is this about?
The Debt Recovery Appellate Tribunal noted procedural defects in an appeal filed by Kurmala Satyanarayana under Section 18 of the SARFAESI Act, including delay and incomplete documentation, and directed the Registrar to post the matter before the Chairperson for further listing rather than deciding on merits immediately.
What did the court decide?
Matter posted before Hon'ble Chairperson; defects noted; no decision on merits or condonation at this stage.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Diary no.184/2021; Date : 13/06/2022 Kurmala Satyanarayana.………...Appellant
Vs.
Authorized Officer, Andhra Bank & 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. Nemani Srinivas.
Scrutiny of the application reveals the followings:
The application has been filed on behalf of Kurmala Satyanarayana against the order dt.10.11.2020 in SA/26/2019 passed by the Ld. Presiding Officer, DRT, Visakhapatnam. Application fees of Rs.62,255/- vide T.R. no.114929 dt. 04.03.2021 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate, Mr. Nemani Srinivas.
The case is under the jurisdiction of this Appellate Tribunal.
The Application is not filed within the period of Limitation but petition for condonation of delay is filed along with this application.
Another petition is filed for waiver of pre-deposit.
Issues for consideration
3 issues framed by the court
Whether to permit listing of an appeal filed beyond the limitation period along with a petition for condonation of delay and waiver of pre-deposit.
Whether to record defects in the application including missing list of dates and non-compliance with pre-deposit requirements.
Whether to decide on the merits of the appeal or return disputes to theRegistrar for further proceedings.
Parties & counsel
- appellant
Kurmala Satyanarayana
- respondent
Authorized Officer, Andhra Bank & ors.
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · June
- CNR
- 191090001842021
- Topic
- Banking and Recovery
All orders in this case
8 orders share this CNR
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