Soumen Chakraborty v. Aditya Birla Finance Ltd. and Ors.
Case brief
What is this about?
This order records the receipt and scrutiny of an application under Section 18 of the SARFAESI Act 2002 filed by Soumen Chakraborty against an order of the DRT, Kolkata. The notice of the defects and the date for the stage I hearing are noted.
What the court decided
Diary no.59/2022 Date: 07/04/2022
Soumen Chakraborty..………...Appellant
Vs.
Aditya Birla Finance Ltd & ors ……….Respondents
Received an application under section 18 of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, presented by Ms. Debdatta Chakraborty.
Scrutiny of the application reveals the followings:
The application has been filed on behalf of Soumen Chakraborty against the order dated 08-03-2022 passed by the Ld. Presiding Officer, DRT-3, Kolkata in IA/443/2022 in SA/80/2022 Application fees of Rs.8005/- vide T.R. no.115510 dt.24-03-2022 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate Ms. Debdatta Chakraborty.
The case is under the jurisdiction of this Appellate Tribunal.
The Application is well within the period of Limitation.
Waiver & Stay application is filed.
Issues for consideration
3 issues framed by the court
Whether the application filed under Section 18 of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 is maintainable.
Whether the order dated 08-03-2022 by the DRT-3, Kolkata is challengeable before the Deemed National Debt Recovery Tribunal.
Whether there is a waiver of fees for the stage I hearing before the DRT as per Section 18 of the SARFAESI Act.
Parties & counsel
- appellant
Soumen Chakraborty
- respondent
Aditya Birla Finance Ltd & ors
Case details
As recorded by the court registry
All orders in this case
15 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court