Andhra Bank v. Sardambika Power Plant Pvt. Ltd.
Case brief
What is this about?
Registrar order noting defects in an appeal filed under section 18 of the SARFAESI Act by Andhra Bank. The appellant was directed to cure defects including missing verification, unsigned annexures, and absence of a u/s 13(2) notice within 15 days. No hearing was held as the respondent did not appear.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal no.54/2019; Dt.:23/03/2022
Andhra Bank…...Appellant
Vs.
M/s. Saradambika Power Plant Pvt. Ltd. ……….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, Mr. P.K. Srivastava.
Scrutiny of the application reveals the followings:
The application has been filed on behalf of Andhra Bank against the order dt.10.06.2019 in SA/365/2017 passed by the Ld. Presiding Officer, DRT, Visakhapatnam. Application fees of Rs.205/- vide T.R. no.113597 dt. 12.07.2019 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate, Mr. P.K. Srivastava.
The case is under the jurisdiction of this Appellate Tribunal.
The Application is well within the period of Limitation.
Issues for consideration
2 issues framed by the court
Whether the appeal under section 18 of the SARFAESI Act is maintainable given defects in the application.
Whether the appellant was required to remove specified defects within a stipulated timeframe.
Parties & counsel
- appellant
Andhra Bank
- respondent
M/s. Saradambika Power Plant Pvt. Ltd.
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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