Ms Black Diamonds Petro Products Pvt. Ltd. and Ors. v. Uco Bank
Case brief
What is this about?
The Debts Recovery Appellate Tribunal at Kolkata noted receipt of an appeal against a DRT order under the SARFAESI Act. The application was objected to for defects in filing details and illegible pages, marking it for future scrutiny.
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
Dy. No. /700/2022 Date: 19/12/2022
M/s. Black Diamond Petro Products Pvt Ltd & Ors. Appellants
Versus
UCO Bank & Anr. Respondent
Received an application under section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 1993 presented by Ld. Advocate, Mr. Abhiraj Tarafdar.
Scrutiny of the application reveals the followings:
The application has been filed on behalf of M/s. Black Diamond Petro Products Pvt Ltd & Ors. against the order dated 25/05/2022 passed in TSA. No. 1 of 2022 in DRT-I, Kolkata. Application fees of Rs.205/- vide T.R. No.116487 dt. 19.12.2022 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate.
The case is under the jurisdiction of this Appellate Tribunal.
In respect of limitation Appellant enclosed a copy of order of Hon’ble High Court at Calcutta. In its order dated 12.12.2022 passed in C.O. No. 1422 of 2022 Hon’ble Court was pleased to observed that the limitation period provided for preferring appeal should not be constructed to be bar for the peculiarity of the circumstances, presented by the petitioner, which is not opposed by the learned advocate appearing for the opposite parties/bank. The appeal may be filed as such within the one week from the date of communication of this order.
Issues for consideration
2 issues framed by the court
Whether the appeal filed under Section 18 of the SARFAESI Act is maintainable given defects and limitation objections.
Whether the Tribunal should admit an appeal filed despite a non-complimentary defect in the section and act.
Parties & counsel
- appellant
M/s. Black Diamond Petro Products Pvt Ltd & Ors.
- respondent
UCO Bank & Anr.
Case details
As recorded by the court registry
All orders in this case
4 orders share this CNR
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