The Debts Recovery Appellate Tribunal at Kolkata noted defects in an application for condonation of delay filed by Fullerton India Credit Company Ltd against an order of DRT-3 Kolkata. The court identified missing documents and non-signature, issued summons, and adjourned the matter for affidavit of service.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
DY. no.322/2021 Date: 13/04/2022
Fullerton India Credit Company Ltd & Ors.. ...………...Appellants
Vs.
Nilesh Doshi ...... .……….Respondent
Received an application under section 18(1) of Securitization and Reconstruction of Financial Assets and Enforcement of Security interest Act,2002,presented by Ld. Advocate, Mr. Zafar Sultan.
Scrutiny of the application observed the followings:
The application has been filed on behalf of Fullerton India Credit Company Ltd & Ors against the order passed by the Ld. Presiding Officer, DRT-3, Kolkata, order dated 05-082020 in SA/281/2017. Application fees of Rs.50010/- vide T.R. no.115051 dt.08-04-2021 has been paid along with the application.
The case is under the jurisdiction of this Appellate Tribunal.
The Application is not within the period of Limitation but accompanied with a petition for condonation of delay.
Stay petition is filed.
The following defects are noted from the Application:
Issue Summons.
Post this matter on 24-06-2022 for filing affidavit of Service of Summons.
REGISTRAR
3 issues framed by the court
Whether the appeal filed by Fullerton India Credit Company Ltd is maintainable within the period of limitation.
Whether the defects in the application filed, including absence of signed general index and notice under Section 13(2), can be condoned.
Whether the Registry of the Debts Recovery Appellate Tribunal can issue summons and grant time for filing affidavit.
2 provisions across 1 enactments
Fullerton India Credit Company Ltd & Ors
Nilesh Doshi
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
