The Debts Recovery Appellate Tribunal at Kolkata received an application under section 18 of the SARFAESI Act, 2002. The court noted a defect in the application regarding a deficit in court fees, ordering the appellants to remove the defects within 15 days or face rejection.
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.659/2022 Date:25/11/2022
Punjab & Sind Bank & Anr………...Appellants
Vs.
M/s Karishma Enterprises & 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, Ms. Tutul Das on 25.11.2022 .
Scrutiny of the application reveals the followings:
The application has been filed on behalf of Punjab & Sind Bank & Anr against the order dt. 29.07.2022 in S.A.-304/2016 passed by the Hon’ble Presiding Officer, DRT -2, Kolkata. Application fees of Rs.7705/- i.e. (7200/- + 505/=7705/-) vide T.R. no.116429 dt. 25.11.2022 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate, Ms. Tutul Das.
The case is under the jurisdiction of this Appellate Tribunal.
The Application is not filed within the period of Limitation but accompanied with a petition for condonation of delay (IA-441/2022). Another application for stay (IA-440/2022) of impugned order dt. 29.07.2022 is filed along with this application.
The following defect is noted from the Application: (1) Deficit fees of Rs.42800/- to be paid
The applicant is directed to remove the defects within 15 days from the date of receipt of this order in absence of which the application is liable for rejection.
Post this matter on 06.12.2022 for appearance and removal of defects.
REGISTRAR
Sd/-
2 issues framed by the court
Whether the application under section 18 is barred by limitation or if condonation of delay is permissible.
Whether the application suffers from defect of deficit court fees.
1 provisions across 1 enactments
Punjab & Sind Bank & Anr
M/s Karishma Enterprises & Ors
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
