Ms Bhavani Industries v. State Bank Of India
Case brief
What is this about?
The Debt Recovery Appellate Tribunal (Kolkata) recorded an incomplete appeal by M/s. Bhavani Industries against the DRT Hyderabad. The appellate court noted procedural defects including missing certified copy, unsigned annexures, absent timeline list, and non-compliance with pre-deposit requirements.
What the court decided
A compact analysis
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.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Diary no.198/2019 Dt:29/03/2022
M/s. Bhavani Industries.………...Appellant
Vs.
State Bank of India……….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. N. Srinivas.
Scrutiny of the application reveals the followings:
The application has been filed on behalf of M/s. Bhavani Industries against the order dt.10.07.2019 in SA/59/2018 passed by the Ld. Presiding Officer, DRT-1, Hyderabad. Application fees of Rs.53260/- vide T.R. no.113728 dt. 13.08.2019 & TR no.113738 dt.16.08.2019 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate, Mr. N. Srinivas.
The case is under the jurisdiction of this Appellate Tribunal.
The Application is 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 appeal filed pursuant to Section 18 of SARFAESI Act, 2002 was maintainable despite defects like unsigned annexures and non-production of certified copy.
Whether the notice period for the pre-deposit was compliant with the procedural requirements of the Debt Recovery Appellate Tribunal.
Parties & counsel
- appellant
M/s. Bhavani Industries
- respondent
State Bank of India
Case details
As recorded by the court registry
All orders in this case
16 orders share this CNR
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