Mrs Sarosh Fatima v. Authorized Officer SBI
Case brief
What is this about?
The Appellate Tribunal noted that the application under Section 18 of the SARFAESI Act was not filed within the limitation period and suffered defects including missing annexures and failure to file Notice u/s 13(2). The appellant was directed to remove defects within 15 days.
What did the court decide?
Directed the applicant to remove defects including delay and missing filings within 15 days of receipt of order.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Diary no.228/2018; Date : 25/04/2022
Mrs. Sarosh Fatima.………...Appellant
Vs.
A.O., State Bank of India & 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 Mrs. Sarosh Fatima against the order dt.01.05.2018 in SA/288/2013 passed by the Ld. Presiding Officer, DRT-1, Hyderabad. Application fees of Rs.4880/- vide T.R. no.112623 dt. 13.08.2018 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 well within the period of Limitation.
The following defects are noted from the Application:
Issues for consideration
2 issues framed by the court
Whether the application under section 18 of the SARFAESI Act is maintainable despite lapse of limitation and procedural defects.
Whether the defects in the application can be condoned within the stipulated time.
Parties & counsel
- appellant
Mrs. Sarosh Fatima
- respondent
A.O., State Bank of India & ors.
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 191090002282018
- Topic
- Banking and Recovery
All orders in this case
10 orders share this CNR
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