Ms Untag Fashions Pvt. Ltd. and Ors. v. Uco Bank
Case brief
What is this about?
The Debts Recovery Appellate Tribunal received an application under Section 18 of the SARFAESI Act challenging an impugned order. Due to missing minimum pre-deposit, a waiver application was noted. The matter was posted for returning service summons and filing an affidavit of service.
What the court decided
A compact analysis
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
DY. no.162/2022 Date: 06/06/2022
M/s. Untag Fashions & Ors ...………...Appellants
Vs.
UCO Bank & Ors.... .……….Respondents
Received an application under section 18 of the Securitisation & Reconstruction Of financial Assets & Enforcement of Security Interest Act,2002 presented by Ld. Advocate, Ms. Jayati Chowdhury.
Scrutiny of the application observed the followings:
The application has been filed on behalf of M/s. Untag Fashions & Ors against the order passed by the Ld. Presiding Officer, DRT-3 Kolkata order dated 21-04-2022 in SA/41/2020. Application fees of Rs.100005/- vide T.R. no.115678 dt.20-05-2022 has been paid along with the application.
The case is under the jurisdiction of this Appellate Tribunal.
The Application is well within the period of Limitation.
Waiver application is filed.
Issues for consideration
2 issues framed by the court
Whether an application under section 18 of the SARFAESI Act filed without the minimum pre-deposit can proceed.
Whether the notice period for service of summons was properly adhered to before deciding the waiver of pre-deposit.
Parties & counsel
- appellant
M/s. Untag Fashions & Ors
- respondent
UCO Bank & Ors
Case details
As recorded by the court registry
All orders in this case
3 orders share this CNR
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