Mrs Y Anusha v. City Union Bank Limited
Case brief
What is this about?
This order received an appeal application filed by Mrs. Y Anusha under Section 18 of the SARFAESI Act against an impugned order of the DRT. The Tribunal noted procedural defects, including untimely filing and illegible documents, directing the appellant to rectify them within 15 days on pain of rejection.
What did the court decide?
15 days time granted to the applicant to rectify defects in the application filed under Section 18 of the SARFAESI Act.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Diary no.638/2021 Date: 22 / 03 /2022
Mrs. Y Anusha..………...Appellant
Vs.
City Union Bank & Ors ……….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. Nemani Srinivas .
Scrutiny of the application reveals the followings:
The application has been filed on behalf of Mrs. Y Anusha against the order passed by the Ld. Presiding Officer, DRT-Visakhapatnam. Application fees of Rs.18630/- vide T.R. no.113084 dt.08-12-2021 has been paid along with the application.
The Vakalatnama has been filed by the Ld. Advocate Mr. Nemani Srinivas.
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.
Issues for consideration
3 issues framed by the court
Whether the application under section 18 of the SARFAESI Act is maintainable despite a delay beyond the limitation period.
Whether the defects in the application (missing dates list, illegible pages) can be cured.
Procedure for condonation of delay and removal of defects.
Parties & counsel
- appellant
Mrs. Y Anusha
- respondent
City Union Bank & Ors
Case details
As recorded by the court registry
All orders in this case
13 orders share this CNR
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