Praveen Prabhakaran Earully v. Hdfc Bank
Case brief
What is this about?
IT Tribunal dismissed an appeal for want of condonation of delay and failure to deposit the mandatory amount under Section 18(1) of the SARFAESI Act following uncorrected structural defects in the appeal papers.
What did the court decide?
No relief granted; appeal dismissed.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Misc. Appeal on Diary No. 387/2022
Between
Praveen Prabhakaran Earully … Appellant/s V/s. HDFC Bank …Respondent/s
Mr Shreesh Oak along with Ms Prachi Dalvi, i/b M/s. SC Legal, Advocate for Respondent Nos.1 and 2
-: Order dated: 03/08/2022:-
There is no representation for the Appellant.
Counsel for Respondents 1 and 2 is present.
The Appellant was directed to remove the defects pointed out
in the Appeal papers pointed out by the Registry.
However, the defects have not yet been cured.
There is no application made for condonation of delay in filing the Appeal and the mandatory deposit as required under the Second proviso to Section 18 (1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act for short) has not been made, therefore, the Appeal on Diary No. 387/2022 stands dismissed.
Issues for consideration
3 issues framed by the court
Whether the appeal must be dismissed for failure to apply for condonation of delay and make the mandatory deposit under Section 18(1) of the SARFAESI Act.
Whether absence of correction of defects pointed out by the Registry justifies dismissal of the appeal.
Whether the mandatory deposit under the Second proviso to Section 18(1) of the SARFAESI Act is a precondition to admissibility of the appeal.
Parties & counsel
- appellant
Praveen Prabhakaran Earully
- respondent
HDFC Bank
Coram
Ashok Menon
Case details
As recorded by the court registry
All orders in this case
3 orders share this CNR
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