Indian Bank v. S P Enterprise and Ors.
Case brief
What is this about?
An interim order noting procedural defects in an appeal filed by Allahabad Bank under Section 20 instead of Section 18 of the RDBBA, 1993. The tribunal directed the appellant to rectify errors and file a condonation of delay within 15 days.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary no.350/2019;Dt.30.03.2022
Allahabad Bank………...Appellant
Vs.
M/s. S.P. Enterprise.……….Respondents
Received an application under section 20 instead of section 18 of Recovery of Debts due to Banks and Bankruptcy Act, 1993 presented by Ld. Advocate, Mr. Pralay Kar.
Scrutiny of the application reveals the followings:
The application has been filed on behalf of Allahabad Bank against the order dt.25.09.2019 in MA/35/2019 (OA-186/2014) passed by the Ld. Presiding Officer, DRT-I, Kolkata. Application fees of Rs.41005/- vide T.R. no.114103 dt. 14.11.2019 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate, Mr. Pralay Kar.
The case is under the jurisdiction of this Appellate Tribunal.
The Application is not within the period of Limitation.
Issues for consideration
2 issues framed by the court
Whether the appeal was filed within the period of limitation.
Whether the application was filed under the correct section.
Parties & counsel
- appellant
Allahabad Bank
- respondent
M/s. S.P. Enterprise
Case details
As recorded by the court registry
All orders in this case
8 orders share this CNR
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