Swati Garg v. State Bank of India and 2 Ors.
Case brief
What is this about?
Single judge hearing an appeal under Section 18 of SARFAESI Act regarding interest refund to a prospective buyer. Court directed issuance of notices on waiver and delay applications and listed case for next date.
What did the court decide?
Issued notices to respondents on waiver and delay condonation applications by Registered Post and Speed Post; listed case for 20.03.2023.
What the court decided
Appeal Dy. No. 993/2022 Date: 20.12.2022
Swati Garg Vs. State Bank of India & Ors.
Present: Shri D. P. Shukla, counsel for the appellant,
Heard the learned counsel for the appellant.
The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 03.08.2022 passed by the DRT, Lucknow in M.A. No. 40/2021 arising out of the S.A. No. 435/2018. The report of the Registrar dated 14.12.2022 shows that I.A. No. 693/2022 being waiver application and I.A. No. 694/2022 being delay condonation application have been filed.
The said report also records that the appellant is neither borrower nor guarantor, but he is prospective buyer, whose money has been directed to be refunded. The only controversy involved in the matter is with regard to the payment of interest thereon.
Issue notices to the respondents on the waiver and delay condonation applications by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.
List this case on 20.03.2023 for service.
Justice R. D. Khare Chairperson
Issues for consideration
3 issues framed by the court
Whether notices on waiver and delay condonation applications should be issued to the prospective buyer-appellant.
What steps the appellant is to take within a week regarding the filed applications.
Determination of the list date for service of notices.
Parties & counsel
- appellant
Swati Garg
- respondent
State Bank of India
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · December
- CNR
- 091090009932022
- Topic
- Banking and Recovery
All orders in this case
8 orders share this CNR
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