Nilratan Datta v. Kotak Mahindra Bank Limited
Case brief
What is this about?
In an interim procedural order, the Debts Recovery Appellate Tribunal observed defects in the appeal filed by Shri Nilratan Datta & Anr against Kotak Mahindra Bank Ltd, noting the application was filed under the wrong section. The Registrar directed the appellant to rectify the defects within 15 days before the matter was posted for appearance.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal no.30/2021 Date: 31/03/2022
Shri Nilratan Datta & Anr ...………...Appellant
Vs.
Kotak Mahindra Bank Ltd... .……….Respondents
Received an application under section 18(1) of the Securitisation and Reconstruction of Financial Asset and Enforcement of Security Interest Act,2002 instead of under section 20 of the Recovery of Debts due to Banks and Financial Institutions Act,1993, presented by Mr. Soham Bandyopadhyay .
Scrutiny of the application observed the followings:
The application has been filed on behalf of Shri Nilratan Datta & Anr against the order passed by the Ld. Presiding Officer, DRT-3, Kolkata order dated 15-03-2021. Application fees of Rs.30005/- vide T.R. no.115044 dt.07-04-2021 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.
Stay application is filed.
Issues for consideration
2 issues framed by the court
Whether the appeal was filed under the correct section of the applicable Act.
Whether the appeal is maintainable as it was filed under Section 18(1) of the SARFAESI Act instead of Section 20 of the RDBFI Act.
Parties & counsel
- appellant
Shri Nilratan Datta & Anr
- respondent
Kotak Mahindra Bank Ltd
Case details
As recorded by the court registry
All orders in this case
16 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court