The Debts Recovery Appellate Tribunal at Kolkata received an application under section 18 of the SARFAESI Act filed against an order of the DRT-Cuttack. The Registry noted defects, including the absence of the section/act in the application and that the filing was beyond the limitation period, and ordered issue of summons.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
DY. no.296/2021 Date: 13/05/2022
A.O. Odisha Gramya Bank & Anr...………...Appellants
Vs.
Mrs. Nibedita Pati & Ors.... .……….Respondents
Received an application under section 18 of the Securitisation & Reconstruction Of financial Assets & Enforcement of Security Interest Act,2002 presented by Ld. Advocate, Mr. Tuna Sahu.
Scrutiny of the application observed the followings:
The application has been filed on behalf of A.O. Odisha Gramya Bank & Anr against the order passed by the Ld. Presiding Officer, DRT- Cuttack order dated 23-12-2020 in MA/2365/2019 arising out of SA/73/2017. Application fees of Rs.18505/- vide T.R. no.115029 dt.31-03-2021 has been paid along with the application.
Appellant submitted a Put Up petition on the very same day of filing of application DY no.296 of 2021 for urgent Hearing. The case was placed before Hon’ble Chairperson through e-mail vide note dated 01-04-2021 and accordingly the case listed before Hon’ble Chairperson on 30-04-2021 as directed.
The matter was again refereed back to Ld. Registrar Bench on 13-05-2022 for issue summons notice.
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.
Waiver & stay petition filed.
The following defects are noted from the Application:
Issue Summons.
Post this matter on 07-07-2022 for filing affidavit of Service of Summons.
REGISTRAR
2 issues framed by the court
Whether the application under section 18 of the SARFAESI Act is maintainable despite being outside the limitation period.
Whether the application can be held defective for omitting the proper section and act.
1 provisions across 1 enactments
A.O. Odisha Gramya Bank & Anr
Mrs. Nibedita Pati & Ors
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
